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Patna High Court

Rakhi KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as the waiting‑list panel had expired and the petitioner failed to move within the prescribed period.

Summary

Rakhi Kumari filed a writ petition seeking appointment to a Class‑III post of the Bihar Civil Court Staff, claiming that she was placed on a waiting‑list panel that, under the Bihar Civil Court Staff (Class III and Class IV) Rules, 2009, remains valid for two years. The waiting list was prepared after the result was published on 26‑09‑2018 and expired in 2020, but the petitioner only approached the court in 2024. She relied on a prior judgment (L.P.A. No. 650 of 2022 arising out of C.W.J.C. No. 6259 of 2019) where similar candidates were appointed. The respondents argued that the waiting‑list period had lapsed and the earlier case was inapplicable because those candidates had moved before the expiry. The High Court held that the petitioner’s claim is barred by the two‑year limitation and her undue delay, and therefore dismissed the writ petition. The court also directed the State to serve the decision on the petitioner’s representation.

Issues considered

  • Whether a candidate can be appointed from a waiting‑list panel after the two‑year validity period prescribed under the Bihar Civil Court Staff Rules, 2009 has expired.
  • Whether the precedent in L.P.A. No. 650 of 2022 (C.W.J.C. No. 6259 of 2019) is applicable to the present petitioner.
  • Whether the petitioner’s delay in filing the writ petition bars any relief.

Subjects

  • waiting list
  • appointment
  • Bihar Civil Court Staff Rules
  • writ petition
  • administrative law
  • delay
  • precedent

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8068 of 2024
     ======================================================
     Rakhi Kumari Daughter of Mr. Sanjay Kumar Resident of Mohalla Garhpar,
     P.S. Biharsharif, District - Nalanda.

                                                                  ... ... Petitioner/s
                                          Versus

1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Law Secretary, Law Department, Government of Bihar, Patna.
3.   The Convenor, Co-ordination Committee-cum-District and Sessions Judge,
     Patna.
4.   Vipin Kumar Son of Rajendra Prasad Singh Resident of Village and Police
     Station - Kako, District - Jehanabad.

                                                                ... ... Respondent/s

     ======================================================
     Appearance :
     For the Petitioner/s      :      Mr. Ajay Kr. Thakur, Advocate
                                      Mrs. Vaishnavi Singh, Advocate
     For the State             :      Mrs. Archana Meenakshee (GP-6)
                                      Mr. Rohit Singh (AC to GP-6)
     For the Resp. no.3        :      Mr. Piyush Lall, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                               ORAL JUDGMENT

      Date : 28-01-2026

                          Heard learned counsel for the petitioner, learned

      counsel for the State and learned counsel for Resp. no.3.

                          2. The present writ petition has been filed directing

      the respondent no.3 to consider the application for appointment

      of the petitioner in the light of the statutory provision as well as

      the order of this Hon’ble Court passed in similarly situated

      matter including order dated 19.04.2023 passed in L.P.A. No.

      650 of 2022 arising out of C.W.J.C No. 6259 of 2019.

                          3. Learned counsel for the petitioner submits that
Patna High Court CWJC No.8068 of 2024 dt.28-01-2026
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         the petitioner has participated for appointment on Class-III post

         by virtue of Employment Notice No.1 of 2016 published on

         07.02.2016. Counsel further submits that the final result of 1681

         candidates was published, out of which some persons joined and

         some didn’t joined. Counsel submits that the name of petitioner

         was not in the final list, but figured in the waiting list panel.

         Counsel submits that according to statute, the said waiting list

         panel is valid for two years from the date of preparation.

         Counsel submits that the case of petitioner has not been

         considered for the selection and those persons who got lessor

         marks in the waiting list were selected. In this way,

         discrimination has been made by the respondent. Counsel

         submits that when the petitioner aware about the said

         discrimination in the appointment, she filed representation and

         moved before this Hon’ble Court requesting to consider her case

         in the light of the judgment/order dated 19.04.2023 passed in

         L.P.A. No. 650 of 2022 arising out of C.W.J.C No. 6259 of

         2019.

                         4. Learned counsel appearing for Respondent no.3

         submits that the submissions made by the counsel for the

         petitioner is not correct view of the matter. Counsel submits that

         it is true that the waiting list was valid for two years, but
Patna High Court CWJC No.8068 of 2024 dt.28-01-2026
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         subsequently, by virtue of a letter issued from the competent

         authority, it was decided that no person shall be appointed from

         the said waiting list panel. He further submits that some of the

         candidates who were listed in the waiting list panel have sued

         against the said decision of the authority and they travelled their

         case in C.W.J.C No. 6259 of 2019 and subsequently, in L.P.A.

         No. 650 of 2022. And finally, by the decision made by the

         L.P.A. Bench vide order dated 19.04.2023, by which their

         selections were made. Counsel submits that the case of the

         petitioner is not the same, as that of petitioners of earlier Writ &

         L.P.A. In the present writ application, the petitioner sat over the

         matter and never sued earlier. Only after completion of the

         appointment of other persons of the waiting list in the light of

         the L.P.A order, the petitioner came forward for the first time in

         the year 2024. Counsel further submits that even if it has been

         accepted for the sake of argument that the appointment should

         be made by virtue of waiting list, but the law shall not help the

         petitioner due to the reason that waiting list was only for two

         years and it’s effect has been ended in the year 2020 itself. After

         end of two years, the petitioner has moved, therefore, she has no

         case now.

                         5. Learned counsel for the State submits that the
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         representation filed by the petitioner has already been disposed

         off.

                         6. As such, learned counsel for the State is directed

         to serve a copy of the decision on the petitioner’s representation

         upon the counsel for the petitioner at the earliest.

                         7. Upon hearing the parties and going through the

         documents, it transpires to this Court that the petitioner is

         claiming her title by virtue of Bihar Civil Court Staff (Class III

         and Class IV) Rules, 2009 in which the waiting list panel was

         valid only for two years. But, the said waiting list panel was

         exhausted after two years from the date of publication of the

         result dated 26.09.2018, and the petitioner has sued before this

         Hon’ble Court in the year 2024. The decision with regard to

         petitioners of L.P.A No. 650 of 2022 arising out of C.W.J.C. No.

         6259 of 2019 shall not help the present petitioner in any manner,

         due to the reason that those persons had moved before this

         Court prior to life of waiting list panel. But, the present

         petitioner has not moved during the said period.

                         8. As such, this Court is not inclined to grant any

         relief to the petitioner, due to the reason that the petitioner sat

         over the matter and not come forward within the stipulated

         period of time. Such delay claimed by the petitioner cannot be
             Patna High Court CWJC No.8068 of 2024 dt.28-01-2026
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                      accepted. Hence, the present writ petition stands dismissed.




                                                                   (Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE                      NA
Uploading Date              31/01/2026
Transmission Date             NA


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