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Patna High Court

Sanjay Kumar @ Sanjay YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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
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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
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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
             Patna High Court CWJC No.6157 of 2026 dt.23-04-2026
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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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