Patna High Court
PrithvirajversusThe Bihar Staff Selection Commission
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
Having been exonerated in the criminal case, the petitioners are entitled to be treated alike as Avinash Kumar, and the Secretary must conduct counseling for them within 60 days.
Summary
The petitioners, four candidates who had cleared the written and practical examinations for Group‑A and Group‑B posts under BSSC advertisement No.06060114, were barred from counseling on the ground of alleged irregularities in their biometric verification. They contended that a criminal case (Krishnapuri PS Case No.352/2021) against them was dismissed by the civil court on 17‑08‑2024, and that similarly situated candidate Avinash Kumar was allowed counseling after a state order. The petitioners sought a direction to the Secretary of the Bihar Staff Selection Commission to conduct counseling and appoint them to the 177 vacant posts, alleging arbitrariness and violation of Articles 14 and 16 of the Constitution. The State argued that only the Secretary could conduct counseling after instructions from the government, while the BSSC claimed the counseling recommendations were already made. The Court examined the exoneration order, found the petitioners’ situation identical to Avinash Kumar’s, and directed the Additional Chief Secretary to order the Secretary to hold counseling for the petitioners within 60 days. The writ petition was consequently disposed, with a direction for the petitioners to file fresh representation referencing the order.
Issues considered
- Whether the cancellation of the petitioners' candidature for counseling was arbitrary, illegal, and violative of Articles 14 and 16 of the Constitution.
- Whether the Secretary of the Bihar Staff Selection Commission can be directed to conduct counseling for the petitioners after their exoneration in the criminal case.
- Whether the petitioners are entitled to the same treatment as Avinash Kumar, a similarly situated candidate.
- Whether appointments made during the pendency of the writ petition are illegal.
Subjects
- appointment
- selection
- counseling
- Bihar Staff Selection Commission
- Articles 14
- Article 16
- biometric verification
- criminal case exoneration
- writ petition
- merit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5986 of 2024
======================================================
1. Prithviraj Son of Mr. Yogi Paswan Resident of Village Purani Bazar Sangat
ward no. -05, Bakhtiyarpur, Patna.
2. Deepak Kumar, Son of Madan Lal Vishwakarma, Resident of Village-
Bikram, Block Road, Bikram, Patna.
3. Ankit Anand, Son of Karjesh Prasad, resident of Vill.- Sarayapar, P.O.-
Paithana, Islampur Nalanda.
4. Sudhir Kumar, Son of Chandra Shekher Kumar Resident of village Samada,
P.O.- Dahiya Patna.
... ... Petitioner/s
Versus
1. The Bihar Staff Selection Commission through its Secretary, Govt. of Bihar,
Veterinary College, Patna.
2. The Chairman, Bihar Staff Selection Commission, Govt. of Bihar, Veterinary
College, Patna.
3. The Secretary, Bihar Staff Selection Commission, Govt. of Bihar, Veterinary
College, Patna.
4. The State of Bihar, through Additional Chief Secretary, General
Administration Department, Govt. of Bihar, Patna.
5. The Additional Chief Secretary, General Administration Department, Govt.
of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Alka Verma, Advocate
Ms. Akanksha Kumari, Advocate
Mr. Pawan Kumar, Advocate
For the Respondent/s : Mr. Government Pleader 17
For the BSSC : Md. Aslam Ansari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 09-02-2026
Heard learned Counsel for the petitioners, learned
Counsel for the Bihar Staff Selection Commission and learned
Counsel for the State.
2. The present writ petition has been filed for the
Patna High Court CWJC No.5986 of 2024 dt.09-02-2026
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following reliefs:-
“(a). To direct the respondents to
appoint the petitioners against the vacant
available 177 post for which they are
eligible after verification of documents and
to declare cancelling the candidature of the
petitioners for appearing in the counseling
against the advertisement по. 06060114 as
contained in Annexure- 2 to be malafide,
arbitrary, illegal and bad in law.
(b). For commanding respondents
Bihar Staff Selection Commission, Patna
and its authority to select the petitioners
after verification of documents of the
petitioners against the advertisement no.
06060114 as the petitioner have been
declared innocent after submission of final
form in relation to FIR bearing Hawaiadda
P.S case no 352 / 2021.
(c). To hold and declare any
appointment is made during pendency of
the writ application then such appointment
against vacancy for which the petitioners
had applied for is illegal, arbitrary
malafide and in complete violation of
Articles 14 and 16 of the constitution of
India.
(d). Also commanding the
respondents to consider the case of the
Patna High Court CWJC No.5986 of 2024 dt.09-02-2026
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petitioner for appointment on the basis of
merit cum preference against advertisement
no. 06060114 and give other consequential
services benefits from the date from which
the candidates having lesser marks than the
petitioners categories are appointed during
pendency of this application.
(e). Also for necessary relief
order/direction for which the petitioners are
entitled in the eye of law as well as on facts
of the case.”
3. Learned Counsel for the petitioners submits that
petitioners are intermediate from the recognized institution.
They have appeared in the advertisement No.06060114.
Counsel submits that there were different posts published in
the said advertisement. The petitioners fulfill all eligibility
criteria for appointment against Group-A and Group-B post as
per the advertisement. Upon filling the form petitioners were
issued admit card to appear in the P.T. examination. Their
result was published. They have been declared pass in the P.T
examination. Admit card regarding main examination was also
issued. The petitioners appeared in the Main examination and
were declared successful. Counsel submits that when they
appeared for counseling, then they have restrained on the
ground that their Biometric verification report are not correct.
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Counsel further submits that in this regard criminal case
bearing Sri Krishnapuri P.S. Case No.352 of 2021 has been
lodged. Counsel submits that after completion of investigation,
the case was found untrue against the present petitioners.
4. Learned Counsel further submits that the final
form has also been accepted vide order dated 17.08.2024 by
the competent Civil Court, the said order is annexed as
Annexure-A. Counsel submits that vide order dated
17.08.2024 passed in Shri Krishnapuri P.S. Case No.352/2021,
G.R. Case No.8520 of 2021, the final form has been accepted
by the S.D.J.M., Patna. Learned Counsel submits that
thereafter petitioners have filed their representation before the
Secretary, Bihar Staff Selection Commission to permit them to
appear in the counseling. Learned Counsel for the petitioners
further relied on a letter bearing No.16674 dated 16.10.2024,
by which the Secretary level officer of the State of Bihar
through General Administration Department had written a
letter to the Secretary, Bihar Staff Selection Commission to
conduct the counseling for one of the similarly situated person,
namely, Avinash Kumar, with regard to Advertisement No.
06060114 whose Biometric thumb impression was not
compared at that very time.
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5. Learned Counsel for the State, on the other hand,
submits that it is the Secretary, who has to take the counseling;
whereas Counsel for the Bihar Staff Selection Commission
submits that Secretary shall take counseling only after
instruction from the State Government. He further submits
that since recommendation for those counseling has already
been made to the government for admission of those
successful applicant. Therefore, the Secretary, Bihar Staff
Selection Commission cannot take action suo motu.
6. In the present facts and circumstances of the case
and upon hearing the parties and pleading, this Court finds that
the case of the petitioners are exactly similar to the case of
Avinash Kumar to whom the State authority of General
Administration Department have directed the Secretary, Bihar
Staff Selection Commission to conduct the counseling on the
ground that in the criminal case final form has come as the
case was come untrue and it was accepted by the concerned
judicial Magistrate. This Court has perused the order dated
17.08.2024 by which all the persons including the petitioners
and others have been exonerated and that criminal case was
found untrue. It is due to this reason, this Court is of the firm
view that the case of the present petitioner is exactly similar to
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the case of Avinash Kumar and, therefore, same treatment be
made with the present petitioners also. Therefore, respondent
No.5, the Additional Chief Secretary, General Administration
Department, Government of Bihar, is hereby directed to take a
decision with regard to the petitioners and instruct the
Secretary, Bihar Staff Selection Commission, to conduct the
counseling of the petitioners and other similarly situated
persons within 60 days from today.
7. With the aforesaid direction, the instant writ
petition is disposed off.
8. It is made clear that the petitioners shall file their
fresh representation along with a copy of this order passed in
the present writ petition within two weeks from today.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.02.2026
Transmission Date
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