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Patna High Court

Kiran KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The cut‑off date fixed in Advertisement No. 12/2026 complies with Rule 6(a) of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 and is not arbitrary; therefore the writ petition is dismissed.

Summary

The petitioner, Kiran Kumari, filed a writ petition under Article 226 seeking to quash Clause 3 of Advertisement No. 12/2026 for the 33rd Bihar Judicial Service Examination, alleging that the cut‑off date of 01‑08‑2022 for the maximum age of unreserved female candidates violated a 2006 departmental letter and should have been 01‑08‑2020. The respondents contended that the cut‑off date is governed by Rule 6(a) of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955, which fixes the date as 1 August of the preceding year of the examination. The Court examined the statutory rule, prior advertisements (2020 and 2023), and held that the 2022 cut‑off is consistent with Rule 6(a) because the last exam was held in 2023. It further noted that the departmental letter cannot override the statutory provision and that similar issues had been decided in Ram Milan Thakur (2020) and Vijaya Jaiswal (2020). Relying on the Supreme Court’s decision in Dr Ami Lal Bhat (1997), the Court affirmed that the employer’s discretion in fixing cut‑off dates is not arbitrary unless unreasonable. Consequently, the writ petition was dismissed as having no merit.

Issues considered

  • Whether the cut‑off date of 01‑08‑2022 for the maximum age of unreserved female candidates in Advertisement No. 12/2026 is arbitrary and violative of the 2006 departmental letter.
  • Whether Rule 6(a) of the Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 governs the fixation of the cut‑off date and supersedes the departmental letter.
  • Whether the High Court can quash the advertisement on the ground of arbitrariness.

Legislation cited

  • Bihar Civil Service (Judicial Branch) (Recruitment) Rules, 1955 — s. Rule 4, Rule 6(a)
  • Constitution of India — s. Article 226, Article 234

Subjects

  • age limit
  • cut‑off date
  • Bihar Judicial Service Examination
  • Rule 6(a)
  • Article 226
  • administrative discretion
  • arbitrariness
  • writ petition

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6500 of 2026
     ======================================================
     Kiran Kumari Wife of Mukesh Kumar, resident of - New Bigrahpur,
     Phulwari, P.O.-Patna, P.S.-Bigrahpur, District-Patna.

                                                            ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Additional Chief Secretary General,
     Administration Department, Government of Bihar, Patna.
2.   The High Court of Judicature at Patna through Registrar General, Patna
     High Court, Patna.
3.   The Bihar Public Service Commission through the Chairman, Bihar Public
     Service Commission,Patna.
4.   The Chairman, Bihar Public Service Commission, Patna.
5.   The Secretary, Bihar Public Service Commission, Patna.
6.   The Joint Secretary cum Examination Controller, Bihar Public Service
     Commission, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Mrigank Mauli, Sr. Adv.
                                    Mr. Sushant Praveer, Adv.
     For the Respondent/s   :       Mr. Kinkar Kumar, SC-9
                                    Mr. Shashank Shekhar Dubey, AC to SC-9
     For the B.P.S.C. :      Mr. Sanjay Pandey, Adv.
     For the P.H.C.         :       Mr. Piyush Lall, Adv.
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR

     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE HARISH KUMAR)

      Date : 29-04-2026
                Heard Mr. Mrigank Mauli, learned Senior Advocate

      alongwith Mr. Sushant Praveer, learned Advocate for the

      petitioner. Mr. Kinkar Kumar, learned Standing Counsel No. 9

      for the State and Mr. Sanjay Pandey, learned Advocate for the

      Bihar Public Service Commission. The Patna High Court is

      represented through Mr. Piyush Lall, learned Advocate.
Patna High Court CWJC No.6500 of 2026 dt.29-04-2026
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                     2. The writ petitioner, by invoking the extraordinary

         jurisdiction of this Court under Article 226 of the Constitution

         of India, is seeking quashing of Clause 3 of the Advertisement

         No. 12/2026 issued for holding 33rd Bihar Judicial Service

         Competitive Examination, to the extent of fixation of the cut-off

         date for eligible maximum age. The said fixation of the cut-off

         date for maximum age for eligibility is said to be in gross violation

         of the Departmental Letter No. 212 dated 23.01.2006 issued by the

         Government of Bihar in the Department of Personnel and

         Administrative Reforms. The petitioner also sought a direction

         upon the respondents to amend Clause 3 of the captioned

         Advertisement No. 12/2026 and fix the cut-off date for maximum

         age eligibility to 01.08.2020, instead 01.08.2022.

                     3. Learned Senior Advocate, Mr. Mauli, while

         pressing the present application has submitted that the specific

         purpose of fixation of cut-off date with respect to age in

         Government services/cadres, has been addressed by the General

         Administration        Department        vide   letter   no.   212   dated

         23.01.2006. By the afore-noted letter, it has been specifically

         provided that the review of vacancies must be carried out each

         year and thereafter the requisition for each year vacancy must be

         forwarded to the Bihar Public Service Commission or the
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         recruitment agency. If the vacancy is not reviewed each year and

         requisition is not forwarded to the Commission, the candidates

         who fulfill the age criteria in the last advertisement, in case have

         crossed the age limit till fresh advertisement is issued, they must

         not be denied to appear in such examination. To clarify the

         aforesaid position and strengthen his submission, he submitted

         with all vehemence that the last advertisement for the post of Civil

         Judge (Junior Division) was issued in the year 2023 vide

         Advertisement No. 23/2023 for holding 32nd Bihar Judicial Service

         Examination, whereafter for three years no vacancy was

         advertised. Clause 3 of the Advertisement No. 23/2023 clearly

         stipulated the maximum age at forty years for unreserved female

         category, by giving the cut-off date as 01.08.2019.

                     Similar was the position in 31st Bihar Judicial Service

         Examination when Advertisement No. 04/2020 was issued. In

         the said advertisement, under Clause 3, the maximum age for

         unreserved female category was fixed at forty years and the cut-

         off date was mentioned as 01.08.2018; but surprisingly, in the

         Advertisement No. 12/2026 for conducting 33rd Bihar Judicial

         Service Examination, the cut-off date for unreserved female

         category has been arbitrarily fixed at 01.08.2022 instead of

         01.08.2020, which ought to have been adhered by the
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         respondents as has been done in the previous advertisement. On

         account of such arbitrary fixation of the cut-off date of

         maximum age for unreserved female category, the petitioner, an

         aspirant for the Advertisement No. 12/2026 has been deprived

         from appearing in the examination.

                     4. On the other hand, Mr. Piyush Lall, learned

         Advocate for the Patna High Court has submitted that the prayer

         of the writ petitioner is wholly misconceived and not tenable in

         the eye of law, specially in terms with 3rd proviso to Rule 4 and

         Rule 6(a) of          the Bihar Civil Service (Judicial Branch)

         (Recruitment) Rules, 1955. It is further submitted that similar

         issue has also come up for consideration before this Court in

         C.W.J.C. No. 5619 of 2020 (Ram Milan Thakur -Vrs.- The

         State of Bihar & Ors.) with C.W.J.C. No. 5638 of 2020 (Vijaya

         Jaiswal & Ors. -Vrs.- The State of Bihar & Ors.) where the

         issue has been clarified.

                     5. The learned Advocate for the Commission as well

         as the State also opposed the relief sought for in the writ

         petition.

                     6. After having heard the learned Advocate for the

         respective parties, before parting with the present writ petition it

         would be apt and proper to discuss the afore-noted relevant
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         provisions determining the maximum and minimum age for

         appearing       in   the     Bihar       Judicial      Service   Competitive

         Examination.

                     The      Bihar       Civil       Service     (Judicial   Branch)

         (Recruitment) Rules, 1955 has been duly framed and notified in

         the official Gazette on 22nd of August, 1955, in exercise of the

         powers conferred by Article 234 of the Constitution of India and

         amended from time to time after consultation with the High

         Court of Judicature at Patna and the Bihar Public Service

         Commission. The rules made therein regulates the recruitment

         of Bihar Civil Service (Judicial Branch). Rule 4 of Rules, 1955

         mandates that the Commission shall announce in each year in

         such manner as they think fit, the number of vacancies to be

         filled in that year by direct recruitment on the results of a

         competitive examination and shall invite applications from

         candidates eligible for appointment under these rules. 3rd

         proviso to Rule 4 provided that if common competitive

         examination is being conducted for particular year or years as a

         special case, the applicant shall be entitled to relaxation of upper

         age limit, provided such applicant was eligible in that particular

         recruitment       year     for   which        the   common       competitive

         examination is being conducted. Further, Rule 6(a) of Rules,
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         1955 duly substituted through the amended notification no.

         7733     dated     03.10.2000        read    with   further   amendment

         notification no. 17283 dated 28.12.2016 reads as under :-

                                         "6. A candidate may be of either sex and
                                         must -
                                         (a) Be his age should be under 35 years
                                         and over 22 years on the 1st day of
                                         August in the preceding year in which the
                                         examination is held.
                                                    Provided that a candidate
                                         belonging to a reserved category
                                         including women orthopedically disabled
                                         category must be under 40 years and
                                         over 22 years of age on the said date.
                                                    Provided further that, no
                                         candidate who does not belong to
                                         reserved category including women and
                                         orthopedically disabled category, shall
                                         be allowed to take more than five
                                         chances at the examination."


                     7. After careful perusal of Rule 6(a) as noted

         hereinabove, it is manifest that the cut-off date for minimum and

         maximum age will be first day of August of the preceding year

         in which the examination was conducted. The materials,

         specially the copies of two previous advertisements which have

         been brought on record, further suggest that the last examination

         of 32nd Bihar Judicial Service Competitive Examination was

         conducted under Advertisement No. 23/2023 wherein the

         maximum age was fixed as forty years for unreserved female
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         category and the cut-off date was fixed as 01.08.2019. Similarly,

         in the previous advertisement for holding 31st Bihar Judicial

         Service Competitive Examination through Advertisement No.

         04/2020, the maximum age for unreserved female category was

         fixed at forty years and the cut-off date was 01.08.2018. After

         careful consideration of the fixation of cut-off date, in all the

         three advertisements, we are of the opinion that the same has

         been done in complete consonance with Rule 6(a) of Rules,

         1955 which clearly mandate that the maximum age will be 1 st

         day of August of the preceding year in which the examination is

         held. Since prior to the issuance of the Advertisement No. 23/2023

         the earlier examination was conducted under Advertisement No.

         04/2020, hence the maximum age limit in the Advertisement No.

         23/2023 has been prescribed as 01.08.2019 and similarly in the

         present advertisement, in question, bearing no. 12/2026, the last

         examination was conducted in the year 2023, hence the cut-off

         date for maximum age of forty years has been rightly fixed at

         01.08.2022.

                     8. This Court further finds substance in the

         submissions advanced by Mr. Piyush Lall, learned Advocate for

         the Patna High Court that the identical issue has been clarified

         by the learned co-ordinate Bench of this Court in Ram Milan
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         Thakur (supra) wherein the Court while highlighting the

         mandate of Rule 6(a) of the Rules, 1955 has negated the claim

         of the writ petitioners, who have approached this Court seeking

         identical reliefs for quashing of Clause 3 of Advertisement No.

         04/2020. The co-ordinate Bench of this Court has also referred

         to ruling of the Hon’ble Supreme Court in the case of Dr. Ami

         Lal Bhat -Vrs.- State of Rajasthan and Ors.; (1997) 6 Supreme

         Court Cases 614 that the issue with regard to fixation of a cut-

         off date for determining the maximum or minimum age is in the

         discretion of the Rule-making Authority or the employer as the

         case may be. The cut-off date cannot be fixed with a

         mathematical precision and in such a manner as would avoid

         hardship in all conceivable cases. As soon as a cut-off date is

         fixed, there will be some persons who fall on the right side of

         the cut-off date and some persons who will fall on the wrong

         side of the cut-off date, that cannot make the cut-off date, per se,

         arbitrary unless the cut-off date is so wide off the mark as to

         make it wholly unreasonable. Hardship of candidates will not

         make statutory provision illegal, capricious and arbitrary.

                     9. In view of the discussions, aforenoted and the

         reliance placed by the learned Senior Advocate for the

         petitioner, upon the letter no. 212 dated 23.01.2006 issued by
             Patna High Court CWJC No.6500 of 2026 dt.29-04-2026
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                      the Department of Personnel and Administrative Reforms,

                      Government of Bihar, in the opinion of this Court, shall not be

                      interpreted in any other manner, except in consonance with

                      Rules, 1955, specially Rule 6(a) thereof. Any interpretation of

                      the letter dated 23.01.2006 contrary to the statutory rule is not

                      permissible. The captioned advertisement, especially clause 3

                      thereof fixing the maximum age limit and its cut-off date is in

                      conformity with the prescription of rules, noted hereinabove.

                                  10. Accordingly we find the writ petition sans any

                      merit, fit to be dismissed.




                                           (Sangam Kumar Sahoo, CJ)


                                                  (Harish Kumar, J)
supratim/-
AFR/NAFR                   AFR
CAV DATE                   NA
Uploading Date             04.05.2026
Transmission Date          NA


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