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Patna High Court

Pratima KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

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
                                              2/4




                                        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
                                           3/4




       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
                                                        4/4




                                     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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