Patna High Court
Rahul RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court will not interfere with the revised list but directs the authority to decide the petitioner’s representation within 60 days and refrain from publishing the final result until then.
Summary
The petitioner, Rahul Raj, applied for the post of Legal‑cum‑Probation Officer under the Mission Vatsalya Yojana and was initially listed as eligible in a recruitment list dated 12‑12‑2025. A subsequent corrigendum dated 26‑12‑2025 omitted his name from the counselling/interview list without any explanation, prompting the petitioner to file a representation on 03‑01‑2026, which remained unanswered. He filed a writ petition seeking a mandamus to be included in the list, a certiorari to quash the corrigendum, and direction to consider his candidature. The State argued that procedural instruction was required. The Court declined to interfere with the revised list at this stage but ordered the respondent authority to decide the petitioner’s representation and issue a reasoned order within 60 days, holding that the final result cannot be published until such a decision is made. Consequently, the writ petition was disposed of with the said directions.
Issues considered
- Whether the omission of the petitioner’s name from the revised counselling list without reason warrants quashing of the list.
- Whether the court can compel the authority to consider and decide the petitioner’s representation under principles of natural justice.
- Whether the court should intervene in the recruitment process at the stage of the revised list.
Subjects
- recruitment
- selection process
- mandamus
- certiorari
- representation
- administrative law
- natural justice
- Mission Vatsalya Yojana
- State Child Protection Society
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6088 of 2026
======================================================
Rahul Raj S/O- Manoj Kumar Gupta, Resident of Purani Bajar Maharajganj,
PO Maharajganj, P.S- Maharajganj, Dist-Siwan, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Social Welfare Department,
Government of Bihar, District- Patna.
2. The Director-cum- Deputy Chairman, Social Welfare Department, State
Children Protection Committee, Near Lalit Bhawan, Bailey Road, Patna.
Government of Bihar, District-Patna.
3. The Project Officer, State Children Protection Committee, Near Lalit
Bhawan Bailey Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Alam, Advocate
For the Respondent/s : Mr. Saroj Kumar Sharma, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 23-04-2026
Heard learned Counsel for the petitioner and
learned Counsel for the State.
2. The present writ petition has been filed with
the following reliefs:-
“I. Issue an appropriate
writ/writs, order/orders or
direction/directions, particularly in
the nature of Mandamus, commanding
and directing the respondent
authorities to forthwith include the
name of the petitioner in the
counselling/interview list and permit
Patna High Court CWJC No.6088 of 2026 dt.23-04-2026
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him to participate in the selection
process for the post of Legal-cum-
Probation Officer under Mission
Vatsalya Yojana under the State Child
Protection Society, Bihar, in
accordance with the recruitment
advertisement dated 28.08.2025 and
applicable rules.
II. Issue an appropriate
writ/writs, order/orders or
direction/directions, particularly in
the nature of Certiorari, for quashing
the corrigendum/revised list issued
vide File No. 1289 dated 26.12.2025
and the Selected Candidate copy of
List dated 15.01.2026 bearing
Sanchika Sankhya 02/RA.BA.Sn.S.
(Sthapana)-08/2025-60, to the extent
it excludes the petitioner from the
counselling/interview list for the post
of Legal-cum-Probation Officer.
III. Issue a writ in the
nature of Mandamus directing the
respondents to consider the
candidature of the petitioner strictly in
accordance with law and, upon due
consideration, grant him appointment
if found otherwise eligible, with all
consequential benefits including
seniority and pay;
Patna High Court CWJC No.6088 of 2026 dt.23-04-2026
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IV. Direct the respondents to
preserve and produce all records,
minutes, verification reports and
communications relating to the
recruitment process and furnish
certified copies thereof to the
petitioner.
V. Any other relief(s) be
granted to the petitioner, for which he
is entitled to in accordance with law.”
3. Learned counsel for the petitioner submits that an
advertisement was issued for recruitment to the post of Legal-
cum-Probation Officer under the State Child Protection Society,
Patna, Bihar, functioning under the Social Welfare Department,
Government of Bihar. The petitioner applied pursuant to the said
advertisement dated 28.08.2025 issued under the Mission
Vatsalya Yojana, a centrally sponsored scheme of the Ministry
of Women and Child Development implemented through the
State/UT Governments. It is further submitted that the petitioner
duly submitted his application through online mode and was
declared eligible in the list published by the respondent
authorities vide File No. 1242 dated 12.12.2025. However,
subsequently, a corrigendum/revised list was issued vide File
No. 1289 dated 26.12.2025 for the purpose of
counselling/interview, in which the name of the petitioner was
Patna High Court CWJC No.6088 of 2026 dt.23-04-2026
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arbitrarily omitted without assigning any reason. Learned
counsel further submits that aggrieved by such exclusion, the
petitioner submitted a representation before respondent No. 2,
namely, the Director-cum-Deputy Chairman, Social Welfare
Department, State Child Protection Society, on 03.01.2026
through email (annexed as Annexure-P/5). However, no
decision has been taken on the said representation till date, and
in the meantime, the respondent authorities have proceeded to
publish the final result, wherein the petitioner has not been
selected. In such circumstances, the petitioner has approached
this Hon’ble Court seeking direction to quash the
corrigendum/revised list dated 26.12.2025 (File No. 1289) and
issuance of a direction to the respondent authorities to consider
and dispose of the petitioner’s representation in accordance with
law.
4. Learned Counsel for the State submits that
instruction is required.
5. This Court is of the view that final result has not
been published, therefore, counter affidavit is not required,
instead thereof this Court hereby directs respondent No.2 to take
decision and pass reasoned and speaking order on the
representation filed by the petitioner (Annexure-P/5) within 60
Patna High Court CWJC No.6088 of 2026 dt.23-04-2026
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days from the date of receipt/production of a copy of this order.
This Court is not inclined to interfere in the revised list at this
stage.
6. It is made clear that without taking decision on the
representation, the authority concerned shall not publish final
result.
7. With the aforesaid direction, this writ petition is
disposed off.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.04.2026
Transmission Date
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