Patna High Court
Pratima KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The writ petition is dismissed because the petitioner failed to implead the selected candidates as necessary respondents.
Summary
The petitioner, Pratima Kumari, filed a writ petition seeking mandamus and prohibition to withdraw the result of a security guard recruitment conducted by the Bihar Legislative Assembly Secretariat and to order a fresh selection based on videographic evidence of her physical test performance. She claimed she topped the physical test with a time of 4 minutes 40 seconds but was awarded only 60 marks instead of 100, and was denied access to the video recording despite filing an RTI application. The respondents argued that the selection process was completed, 69 candidates were appointed, and the petitioner failed to implead any of the selected candidates as respondents, which is required for such a petition. The court examined the procedural requirement of joinder of necessary parties and found the petition deficient on that ground. Consequently, the court dismissed the writ petition for non‑joinder of parties, without addressing the merits of the alleged irregularities in the selection process.
Issues considered
- Whether a writ petition challenging a recruitment result can be entertained without joinder of the selected candidates as respondents.
- Whether the petitioner is entitled to mandamus or prohibition directing withdrawal of the recruitment result and fresh selection based on videographic evidence.
- Whether denial of video footage and RTI information constitutes a violation of statutory rights.
Legislation cited
Subjects
- writ petition
- mandamus
- prohibition
- non‑joinder of parties
- selection process
- Right to Information Act
- scheduled caste
- recruitment result
- Bihar Legislative Assembly Secretariat
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7843 of 2026
======================================================
Pratima Kumari D/o Janak Ram, Resident of Village - Dumari Chhapiya, P.O.
- Dumari Chhapiya, P.S. - Taraiya, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary General Administrative
Department, Government of Bihar, Patna.
2. The Principal Secretary General Administrative Department, Government of
Bihar, Patna.
3. The Bihar Legislative Assembly Secretariat, Patna through its Secretary.
4. The Secretary, The Bihar Legislative Assembly Secretariat, Patna.
5. The Selection Committee of Advertisement no. 01/2023 Of the Bihar
Legislative Assembly Secretariat, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Kumar Ram, Advocate
: Mr. Rajeev Ranjan, Advocate
: Mr. Santosh Bharti, Advocate
For the State : Mr. U.S.S. Singh, GP-19
For the Res Nos. 3 to 5 : Mr. Sarvesh Kumar Singh, Sr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 16-06-2026
Heard the learned counsel for the parties.
2. The present writ petition has been filed for the
following reliefs:-
“I. To issue writ of Mandamus directing and
commanding the respondent authorities to
withdraw the Result dated 05.09.2025 by
which they declared the result of Security
Guard under the Bihar Legislative
Secretariat Advertisement no. 01/2023.
II. To issue writ of prohibition directing and
commanding the respondent authorities
especially respondent no. 5 to withdraw the
Patna High Court CWJC No.7843 of 2026 dt.16-06-2026
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Result dated 05.09.2025 by which he
declared the result of Security Guard under
the Bihar Legislative Secretariat
Advertisement no. 01/2023 and declare the
fresh result after due consideration on the
performance of the petitioner in the physical
test after perusing the videography of the
same.”
3. The learned counsel for the petitioner submits that an
advertisement was issued by the Bihar Legislative Assembly
Secretariat, Patna vide Advertisement No. 01 of 2023 for
appointment of Security Guards. The petitioner being eligible
submitted her application and after going through the selection
procedure, finally she appeared in the physical test. He submits
that despite the petitioner being number one in her slot in the
physical test, she has not been declared successful.
4. The learned counsel for the petitioner submits that
the petitioner has obtained the time of four minute forty seconds,
however she has only been awarded 60 marks in the physical test,
although she was expecting 100 marks for the same. He submits
that despite her request to provide her video recording of the said
physical test, she has been denied the same and to her utter
surprise, she has been denied the appointment, despite being the
number one in her slot in completing the race. He submits that the
action of the respondent authorities is not in accordance with law,
Patna High Court CWJC No.7843 of 2026 dt.16-06-2026
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since it was incumbent upon them to provide the videography to
the petitioner or to check the same in presence of the petitioner. He
further submits that the petitioner filed an application under the
Right to Information Act, however the correct information was not
provided to the petitioner. Thereafter, she preferred an appeal
before the appellant authority. The appellant authority also gave
similar answer to what was provided to her under the Right to
Information Act. He submits that the case of the petitioner
deserves consideration, since she is a scheduled caste lady and in
spite of her giving her best performance, she failed to get
satisfactory result.
5. Per contra, the learned counsel appearing on
behalf of the Bihar Legislative Assembly Secretariat submits that
selection process has already culminated in appointment of 69
selected candidates. The petitioner has not impleaded even a single
successful candidate as a party respondent to the present petition
and has challenged the result published by the Bihar Legislative
Assembly Secretariat on 05.09.2025. He submits that the writ
petition is fit to be dismissed on the ground of non-joinder of
parties, since it was incumbent upon the petitioner to implead the
selected candidates or at least the last selected candidate, as a party
respondent in the present writ petition.
Patna High Court CWJC No.7843 of 2026 dt.16-06-2026
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6. Having heard the learned counsel for the parties
and after going through the records, it appears that the petitioner
has prayed for withdrawal of the entire result dated 05.09.2025,
issued by the Bihar Legislative Assembly Secretariat, for selection
of Security Guard, in terms of Advertisement No. 01 of 2023,
however not a single selected candidate has been impleaded as a
party respondent in the present writ petition, which is required to
be done.
7. Considering the above, the writ petition stands
dismissed on the ground of non-joinder of parties.
(Ritesh Kumar, J)
ajay/raushan/-
AFR/NAFR
CAV DATE NA
Uploading Date 16.06.2026
Transmission Date NA
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