Patna High Court
Dr. Chakrapani KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition was held infructuous due to the amendment of the recruitment rules and was disposed.
Summary
Dr. Chakrapani Kumar filed a writ petition challenging a provision (Note 4 to entry 3 of Annexure‑B) in the Bihar Medical Education Service recruitment rules that disqualified candidates who had failed examinations more than three times, alleging it violated Articles 14, 16 and 21 of the Constitution and the doctrine of proportionality. He also sought the quashing of a specific clause in advertisement no. 17/2025 and a mandamus directing the authorities to allow his application for an Assistant Professor post. The State of Bihar, through the Health Department and the Bihar Public Service Commission, produced a notification dated 09‑02‑2026 amending the recruitment rules, thereby rendering the petition’s reliefs moot. The Court observed that the amendment removed the contested provision, making the petition infructuous. Consequently, the writ petition was disposed without further adjudication on the constitutional issues.
Issues considered
- Whether Note 4 to entry 3 of Annexure‑B, which bars candidates who have failed examinations more than three times, is ultra vires Articles 14, 16 and 21 of the Constitution
- Whether the same provision violates the doctrine of proportionality
- Whether Clause 5(iii) of advertisement no. 17/2025 should be quashed
- Whether a mandamus should be issued directing the respondents to permit the petitioner to apply for the Assistant Professor post
Legislation cited
- Constitution of India — s. Article 14, Article 16, Article 21
Subjects
- Fundamental Rights
- Article 14
- Article 16
- Article 21
- Proportionality
- Service Recruitment
- Assistant Professor
- Quashing Order
- Mandamus
- Writ Petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7184 of 2025
======================================================
Dr. Chakrapani Kumar Son of Krishna Prasad, Resident of village and Post-
Kanhaipur, P.S. - Mokama, District- Patna, Bihar- 803221.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Old Secretariat, Government of Bihar.
2. The Secretary, Health Department, Old Secretariat, Government of Bihar.
3. The Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg, Bailey
Road, Patna.
4. The Chairman, Bihar Public Service Commission, 15 Jawahar Lal Nehru
Marg, Bailey Road, Patna.
5. The Secretary, Bihar Public Service Commission, 15 Jawahar Lal Nehru
Marg, Bailey Road, Patna.
6. The Examination Controller, Bihar Public Service Commission, 15 Jawahar
Lal Nehru Marg, Bailey Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar, Advocate
For the Respondent/s : Mr. P. K. Shahi, Advocate General
For the BPSC : Mr. Kaushal Kumar Jha, Sr. Advocate
Mr. Amish Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 17-03-2026
The writ petition has been filed by Dr. Chakrapani
Kumar seeking for the following reliefs:
“(i) To hold and declare that
Note (4) to entry (3) of Annexure-B
(Criteria for appointment of Assistant
Professor at Medical College) of Senior
Resident / Tutor and Bihar Medical
Patna High Court CWJC No.7184 of 2025 dt.17-03-2026
2/4
Education Service Cadre Recruitment,
Appointment and Promotion Rules, 2008
as substituted by Rule 6 of the Senior
Resident / Tutor and Bihar Medical
Education Service Recruitment,
Appointment and Promotion (Amendment)
Rules, 2013 published through notification
no. 1265(17) dated 28.11.2013 to the
extent that it stipulates that “Such
candidates, to have failed for more than
three occasions in these examinations,
shall not be eligible” as ultra vires the
fundamental rights guaranteed under
Articles 14, 16 & 21 of the Constitution of
India (Annexure P/5, Pg.49).
(ii) To hold and declare that
Note (4) to entry (3) of Annexure-B
(Criteria for appointment of Assistant
Professor at Medical College) of Senior
Resident / Tutor and Bihar Medical
Education Service Cadre Recruitment,
Appointment and Promotion Rules, 2008
as substituted by Rule 6 of the Senior
Resident / Tutor and Bihar Medical
Education Service Recruitment,
Appointment and Promotion (Amendment)
Rules, 2013 published through notification
no. 1265(17) dated 28.11.2013, to the
extent that it stipulates that “Such
candidates, who have failed for more than
Patna High Court CWJC No.7184 of 2025 dt.17-03-2026
3/4
three occasions in these examinations,
shall not be eligible” as unconstitutional
for being in contravention of the doctrine
of proportionality.
(iii) To issue an appropriate
writ(s)/ order(s)/ direction(s) in the nature
of certiorari for quashing Note (iii) of
Clause 5 of advertisement no. 17/2025 of
the consolidated advertisement published
by the Bihar Public Service Commission
on 04.04.2025 for appointment on the post
of Assistant Professor in the medical
colleges, to the extent that it stipulates that
“,sls vH;FkhZ, tks rhu ls vf/kd voljksa ij
bu ijh{kkvksa esa vuqrzh.kZ gq, gksa , os ik= ughs
gksaxs।" (Annexure-P/6, Pg....).
(iv) To issue an appropriate
writ(s)/ order(s)/ direction(s) in the nature
of mandamus commanding the
respondents to allow the petitioner to
apply against the advertisement no.
17/2025 for the post of Assistant Professor
under Pharmacology Department
published by the Bihar Public Service
Commission on 04.04.2025.”
2. Learned Advocate General has produced the
notification dated 09.02.2026 of the Health Department,
Government of Bihar, which has brought certain amendment in
Patna High Court CWJC No.7184 of 2025 dt.17-03-2026
4/4
the Senior Resident/Tutor and Bihar Medical Education Service
Recruitment, Appointment and Promotion Rules, 2008 through
the new Rules i.e. Senior Resident/Tutor and Bihar Medical
Education Service Recruitment, Appointment and Promotion
(Amendment) Rules, 2026.
3. Learned Advocate General submits that in view
of such amended Rules, the matter has become infructous.
4. Accordingly, the writ petition stands disposed
of..
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.03.2026
Transmission Date NA
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