Patna High Court
Shivani KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed as infructuous because the petitioner’s representation has already been considered and rejected without a prior challenge.
Summary
Shivani Kumari filed a writ petition seeking a fresh merit list and appointment as a stenographer in the Civil Courts of Bihar, alleging that her name was omitted despite qualifying under the Economically Weaker Section (Female) category. She claimed violations of Articles 14, 16, 21 and 309 of the Constitution and requested the court to direct the authorities to correct the merit list. The State and the Patna High Court raised a preliminary objection that the petition had become infructuous because her representation had already been considered and rejected, and she had not challenged that rejection in court. The Court held that the petition was indeed infructuous and dismissed it, while indicating that the petitioner could still challenge the rejection order through appropriate legal remedies. No substantive merits of the selection process were examined as the petition was dismissed on procedural grounds.
Issues considered
- Whether the writ petition is infructuous due to the prior consideration and rejection of the petitioner's representation.
- Whether the petitioner is required to first challenge the rejection order before approaching the High Court.
Subjects
- writ petition
- merit list
- selection and appointment
- EWS
- constitutional law
- Article 14
- Article 16
- Article 21
- Article 309
- infructuous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7626 of 2025
======================================================
Shivani Kumari Daughter of Dharmendra Kumar, Resident of Village- Koyari
Bigha, P.S.- Nemdarganj, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Law Secretary, Law Department, Govt. of
Bihar, having its office at Old Secretariat, Patna.
2. The Learned Registrar General of the High Court of Judicature at Patna,
Patna High Court.
3. The Convenor Centralized Selection and Appointment Committee cum
Principal District and Sessions Judge, Civil Court, Patna.
4. The Learned District and Sessions Judge,(In administrative Capacity) Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Raj, Advocate
For the State : Mr. Chandra Shekhar Singh, AC to GA10
For the PHC : Ms. Anukkriti Jaipuriyar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-04-2026 Learned counsel appearing for the petitioner, learned
counsel appearing for the State and learned counsel appearing
for the Patna High Court are present.
2. Learned counsel for the petitioner submits that the
petitioner has filed the present writ petition for the following
relief/s :-
“I. To direct the respondent to
publish fresh merit list of examination
held for selection and appoint of
Stenographer in Civil Courts of Bihar
after due correction of the same.
II. To direct the respondents to
consider the merit list of the petitioner in
the Economically weaker section
Patna High Court CWJC No.7626 of 2025(2) dt.02-04-2026
2/3
(Female)/EWS (F) category for which she
had applied /filled the application for her
selection and appointment for the said
post.
III. To hold and declare that the
respondents/appointing authority has
erroneously and due to improper
consideration didn’t publish the result of
the petitioner in the merit list and the
name of the petitioner improper for
considering the candidature of this
petitioner for selection and consideration.
III. To hold and declare that
respondents have committed abrupt
violation of law emanating from Article
14, 16, 21 and 309 of the Constitution of
India.
IV. To hold and declare the
candidature of the petitioner in the EWS
(F) category in the merit list as she
obtained more marks than the cut off
marks and thus she deserves to be selected
and appointed in accordance with law in
the interest of justice.”
3. Learned counsel appearing on behalf of the State
and learned counsel appearing for the Patna High Court have
raised a preliminary objection, submitting that the present writ
petition has become infructuous inasmuch as the representation
of the petitioner has already been considered and rejected. It is
further submitted that the petitioner has not challenged the said
order of rejection before this Hon’ble Court.
4. In view of the aforesaid submissions, the present
Patna High Court CWJC No.7626 of 2025(2) dt.02-04-2026
3/3
writ petition stands dismissed as infructuous. However, the
petitioner shall be at liberty to challenge the order whereby her
representation has been rejected, if so advised, in accordance
with law.
(Dr. Anshuman, J)
Ashwini/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.