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Patna High Court

Shivani KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

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


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