Patna High Court
Sanjay Kumar @ Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed as the issue has already been decided in multiple prior judgments and cannot be reopened.
Summary
The petitioner, Sanjay Kumar, filed a writ petition seeking a mandamus directing the State of Bihar and the Bihar Staff Selection Commission to appoint him as Sub‑Inspector under Advertisement No. 704 of 2004, invoking Supreme Court and Patna High Court orders that appointed other candidates who had qualified the physical test. He argued that he scored higher marks than the 133 candidates appointed earlier and that the bar on representations in a related contempt petition should not apply to him. The respondents contended that the issue was already settled by the Supreme Court and by numerous High Court writs and LPAs concerning the same advertisement, and that the petitioner’s delay of 22 years barred his claim. The court examined the extensive list of prior judgments and held that the matter was conclusively decided, emphasizing judicial discipline and res judicata. Consequently, the writ petition was dismissed.
Issues considered
- Whether the petitioner is entitled to appointment as Sub‑Inspector under Advertisement No. 704 of 2004 in view of prior Supreme Court and High Court directions.
- Whether the limitation on representations in the contempt petition applies to the petitioner.
- Whether the doctrine of res judicata bars the petitioner’s claim given the multitude of earlier writ petitions and LPAs on the same matter.
Subjects
- appointment
- sub‑inspector
- staff selection commission
- equality
- mandamus
- res judicata
- writ petition
- recruitment
- Supreme Court direction
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6157 of 2026
======================================================
Sanjay Kumar @ Sanjay Yadav Son of Nandalal Yadav @ Nandlal Prasad
Yadav, Resident of Village Kumharet, Police Station- Wazirganj, District-
Gaya, presently residing at Sanghmitra Anilkumar Shende House, Mangruji
Fendarkar Ward, Vivekanand Colony, Gondiya, Maharashtra. Category- BC,
Roll No- G10978, Marks - 195.89.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Home Department, Government of Bihar, Patna.
3. The Director General of Police, Government of Bihar, Patna.
4. The Inspector General, Headquarter, Patna, Bihar.
5. The Bihar Staff Selection Commission through its Secretary, Bailey Road,
P.O.- Veterinary College Campus, Sheikhpura, Patna- 14.
6. The Chairman, Bihar Staff Selection Commission, Bailey Road, P.O.-
Veterinary College Campus, Sheikhpura, Patna- 14.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the State : Mr. Anuj Kumar (AC to GP-24)
For the BSSC : Mr. Sriram Krishna, Advocate
Mr. Amarjeet, Advocate
Mr. Prabhat Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 23-04-2026
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Bihar Staff
Selection Commission (B.S.S.C).
2. The present writ petition has been filed for the
following relief/s:-
“I. To issue an appropriate writ, order,
Patna High Court CWJC No.6157 of 2026 dt.23-04-2026
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direction in the nature of mandamus to direct
the respondent authorities to give the benefit
of right of equality to the petitioner taking into
consideration the order passed by the Hon'ble
Supreme Court on 14.09.2017 in C.A. No.
2795-2797 of 2017 through which 133
candidates who have been qualified in
physical test for the Sub Inspector
Recruitment exam conducted by the Staff
Selection Commission, Bihar through Advt.
No. 704 of 2004 were directed to be appointed
after medical examination like other
candidates with the direction of the Hon'ble
Supreme Court and further 252 candidates
has also been directed to be appointed after
medical examination as per the direction
passed by this Hon'ble Court in C.W.J.C. No.-
2372 of 2023 and other analogous cases.
II. For issuance of direction to the Respondent
authorities to appoint the petitioner on the
post of Sub Inspector as similarly situated 133
candidates have already joined.
III. To direct the Respondent Authorities to
appoint the petitioner on the post of Sub
Inspector as several candidates have obtained
less marks than the petitioner have already
been appointed.
IV. And/or for any other relief or reliefs to
which the petitioner may be found entitled to
in course of hearing of this writ application.”
Patna High Court CWJC No.6157 of 2026 dt.23-04-2026
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3. Learned counsel for the petitioner submits that the
basis of filing the present writ petition is the observation made
in paragraph 12 of the Civil Appeal No(S). 2795-2797 of 2017
according to which, the Hon’ble Supreme Court has pleased to
observed that “we make it clear that we have not considered the
merits of the selection already conducted pursuant to the order
dated 20.04.2017. In case, anyone has any grievance with
regard to the same, he shall be free to take recourse to any other
remedy before appropriate forum”. Counsel further submits that
the backbone of the present writ petition is the order dated
20.08.2025 i.e. order passed by the Co-ordinate Bench of this
Court in C.W.J.C. No. 2372 of 2023 (Santosh Kumar & Ors. Vs.
The State of Bihar & Ors.) with other analogous cases, in which
the Hon’ble Court has pleased to observed that “the petitioners
passed in physical test held in the year 2006, appeared in the
written test and qualified and further taking into consideration
the fact that prima facie, it appears that they have secured more
marks under the respective categories than the 133 candidates
who were appointed pursuant to the order passed by the
Hon’ble Supreme Court. Respondents ought to have acted with
more reasonableness and in accordance with the legal
principles discussed above without causing discrimination and
Patna High Court CWJC No.6157 of 2026 dt.23-04-2026
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prejudice to any candidate who are similarly situated with other
appointed candidates rather on better footing as they have
obtained more marks than the 133 appointed candidates, as
mentioned above”. Counsel submits that after the said
observation, the Hon’ble Co-ordinate Bench has pleased to
direct the respondents to give appointment to the petitioners
against the vacancies at the earliest for the post of Sub-Inspector
under Advertisement No. 704 of 2004, if they are found
medically fit. He submits that the present petitioner has also
obtained more marks than those 133 candidates. Therefore, the
case of the petitioner should also be taken care of and this writ
petition be allowed.
4. Learned counsel for the petitioner further submits
that the counsel for the B.S.S.C and counsel for the State have
raised about observation made in the Contempt Petition (C) No.
1711/2018 in Contempt Petition (C) No. 22/2018 in C.A. No.
2805 of 2017 that in case the representations are made by the
intervenors/applicants within one month from today, appropriate
orders may be passed by the State on those representations
within three months thereafter. And it is made clear that even if
their representations are rejected, it will not give rise to any
proceedings/appeal in any of the Courts. He submits that the
Patna High Court CWJC No.6157 of 2026 dt.23-04-2026
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said order is not applicable against the petitioner due to the
reason that the petitioner is not the person whose application
was filed before the Hon’ble Supreme Court at that relevant
period of time. He also submits that the petitioner was also not
intervenor before the Hon’ble Supreme Court. Therefore, he
submits categorically that the said observation made in the
contempt petition shall create bar and binding upon the present
petitioner. Counsel submits that in any view of the matter, as
discussed above, the present writ petition is fit to be allowed in
the light of the observation made by the Hon’ble Co-ordinate
Bench of this Court.
5. Learned counsel appearing for the BSSC, on the
other hand, submits that this matter has already been closed by
the Hon’ble Supreme Court of India. He submits that it is true
that the Hon’ble Supreme Court has pleased to observed in the
contempt petition for the intervenors and the applicants. Those
who move before the writ petition it does not mean that it is for
those persons having same grievances but not filed the case or
intervention petition before the Hon’ble Supreme Court. He
submits that in any view of the matter, the present writ petition
is fit to be dismissed.
6. Learned counsel for the State, on the other hand,
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submits that judgment on which the petitioner is relying itself
indicates that this issue has been tested by this Hon’ble Court in
various writ petitions as well as in LPA, series of time.
Therefore, he submits that the issue which has already been
closed may not be opened, as the petitioner who ought to come
earlier, but he has not opted to come earlier after 2004, rather,
coming before this Court after lapse of 22 years in 2026.
7. After hearing the parties, it transpires to this Court
that the dispute in the present writ petition is relating to the
appointment of the petitioner on the post of Sub-Inspector by
virtue of Advertisement No. 704 of 2004. In this regard, there
are several writ petitions and LPA.s about which the categorical
description has been made by the Co-ordinate Bench in its order
dated 20.08.2025 vide its paragraph no.7 namely, C.W.J.C. No.
9936 of 2021, C.W.J.C. No. 8764 of 2021, C.W.J.C. No. 6173
of 2019, C.W.J.C. No. 6913 of 2019, C.W.J.C. No. 18980 of
2018, C.W.J.C. No. 24153 of 2018, C.W.J.C. No. 23829 of
2018, C.W.J.C. No. 24040 of 2018, C.W.J.C. No. 23703 of
2018, L.P.A. No. 689 of 2021 & L.P.A. No. 755 of 2019. All
were relating to same the advertisement i.e. Advertisement No.
704 of 2004.
8. This Court believes in the judicial discipline and
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not ready to break those judicial discipline. Since, the matter has
already been decided in series of C.W.J.C.s and L.P.A.s as
mentioned above, therefore, this Court is not inclined to
interfere in this matter. Hence, this writ petition stands
dismissed.
(Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE NA
Uploading Date 23/04/2026
Transmission Date NA
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