Patna High Court
Himanshu ShekharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as infructuous because the recruitment process has been completed and the petitioners failed to appear.
Summary
Petitioners Himanshu Shekhar, Kumari Sangam and Mukesh Prasad Rai filed a writ petition in the Patna High Court seeking quashing of Advertisement No. 25/2024 issued by the Bihar Public Service Commission. The advertisement related to recruitment of teachers, and the petitioners alleged procedural irregularities. No counsel appeared for the petitioners, and the State counsel informed the Court that the selection process under the advertisement had already been completed and appointments made, with none of the selected candidates joined as parties. The Court observed that the petition had become infructuous due to the completion of the process and the petitioners' non‑appearance. Consequently, the Court dismissed the writ petition as infructuous.
Issues considered
- What is the appropriate remedy when a writ petition seeking quashing of a recruitment advertisement becomes moot because the selection process is already completed?
Subjects
- writ petition
- quashing advertisement
- Bihar Public Service Commission
- infructuous
- selection process
- non‑appearance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6134 of 2024
======================================================
1. Himanshu Shekhar S/O - Mathura Prasad Singh, Resident of - Ward No. 30,
Near Sharma Cold Storage, Mama Ji Lane, Muzaffarpur, P.O. - Ramna, P.S.
- Kazi Mohammadpur, Block - Musahri, District - Muzaffarpur, State -
Bihar, PIN - 842002 presently - posted as Basic Grade Trained Block
Teacher at Upgraded Middle School Ramnagar, Block - Sakra, District -
Muzaffarpur
2. Kumari Sangam D/O - Ajay Pratap Singh, Resident of village -
Mahindarpur, P.O. - Mahindarpur, P.S. - Nayagao, Block - Shamho Akha
Kurha, District - Begusarai, State - Bihar, PIN - 851129 presently posted as
Graduate Grade Trained Block Teacher at Middle School Jaganshaidpur
Jhagraha, Block Shamho Akha Kurha, District Begusarai.
3. Mukesh Prasad Rai, S/O Ram Sagar Rai, Resident of Village Mohammadpur
Bhopat,P.O Ganiari, P.S.- Sakra, Block- Sakra, District- Muzaffarpur, State-
Bihar, PIN- 843119 presently posted as Graduate Grade Trained Block
Teacher at Upgraded Middle School Bajiipur Ashok, Block- Sakra, District-
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Bihar, Patna.
3. The Principal Secretary, Panchayati Raj Department, Bihar, Patna
4. The Director, Primary Education, Education Department, Bihar, Patna
5. The Director, Secondary Education, Education Department, Bihar, Patna.
6. The District Education Officer, Muzaffarpur.
7. The District Education Officer, Begusarai
8. The District Programme Officer (Establishment), Muzaffarpur.
9. The District Programme Officer (Establishment), Begusarai
10. The Chairman, Bihar Public Service Commission, Bihar, Patna
11. The Secretary, Bihar Public Service Commission, Bihar, Patna
12. The Examination Controller, Bihar Public Service Commission, Bihar, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None.
For the Respondent/s : Mr. P.K. Shahi, AG
For the B.P.S.C. : Mr. Kameshwar Kumar, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
8 07-04-2026 None appears on behalf of the petitioners.
Patna High Court CWJC No.6134 of 2024(8) dt.07-04-2026
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2. When the matter was taken up on 17.12.2024, on
that day also, nobody appeared on behalf of the petitioners.
3. The present writ petition has been filed, inter alia,
for quashing the Advertisement No. 25/2024 issued by the Bihar
Public Service Commission, Patna, under the signature of
Respondent No. 12.
4. Learned counsel for the State submits that, in the
meantime, the selection process pursuant to the aforesaid
advertisement has already been completed and appointments
have been made. It is further submitted that none of the selected
candidates have been impleaded as parties in the present writ
petition.
5. In view of the aforesaid submission, and also
considering the continued non-appearance on behalf of the
petitioners, this Court is of the opinion that the writ petition has
become infructuous.
6. Accordingly, the writ petition stands dismissed as
infructuous.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
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