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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

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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