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Patna High Court

Sangeeta KumariversusBihar Technical Service Commission,

Decided
Disposal
DISMISSED

Holding

The court held that there was no basis for interference and dismissed the writ petition.

Summary

Petitioners Sangeeta Kumari and Abhishek Kumar, holders of civil engineering diplomas from OPJS University, challenged their disqualification by the Bihar Technical Service Commission (BTSC) for a Junior Engineer post. The BTSC rejected their candidature on the ground that the university's results were under suspicion, without conducting a specific inquiry. The petitioners sought mandamus to compel verification of their documents, certiorari to quash the disqualification, and direction to consider them for the post. The Commission argued that it had investigated, relied on a joint verification report and a memo declaring certificates from OPJS University invalid. The court examined the Commission's basis, noted that the matter required verification of the alleged remark, and concluded there was no ground for interference. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the BTSC can disqualify candidates solely on suspicion of irregularities in degrees from a private university without a specific inquiry.
  • Whether the petitioners are entitled to a writ of mandamus directing verification of their documents.
  • Whether the Commission's decision should be quashed by a writ of certiorari on grounds of arbitrariness and violation of natural justice.

Subjects

  • document verification
  • disqualification
  • private university degree
  • Bihar Technical Service Commission
  • writ of mandamus
  • writ of certiorari
  • natural justice
  • UGC recognition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8650 of 2025
                 ======================================================
           1.     Sangeeta Kumari D/o Nirmal Kumar, R/o Uffrail Chowk, NH 31, By Pass,
                  Purnia, Bihar-854301.
           2.    Abhishek Kumar S/o Narayan Roy, R/o Rajendra Nagar, Madhubani, P.S.
                 Khajanchihat, Purnia, Bihar-854301.

                                                                                  ... ... Petitioner/s
                                                  Versus
           1.    Bihar Technical Service Commission, through its Chairman, 19, Harding
                 Road, Rajbansi Nagar, Patna Bihar-800001.
           2.    The State of Bihar Through its Additional Chief Secretary, G.A.D Main
                 Secretariat, Patna Bihar-800001.
           3.    General Administrative Department, Through its Additional Chief Secretary,
                 Main Secretariat, Patna, Bihar-800001.
           4.    OPJS University, Through its Registrar, VPO- Rawatsar Kunjla, Near
                 Sankhu Fort Jhunjhunu Road- Rajgarh (Sadulpur) Churu- Rajasthan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :         Mr. Shiva Kumar, Advocate
                 For the State           :         Mr. Anil Kr. Singh, G.P.-26
                 For the BTSC            :         Mr. Nikesh Kumar, Advocate
                                                   Mr. Praveen Tiwary, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   28-04-2026                    Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                 2. The present writ petition has been filed for the

                   following reliefs:-

                                              i. For issuance of an appropriate writ of
                                    Mandamus or any other appropriate writ(s) or
                                    order(s) or direction(s) for direction commanding
                                    the Respondent No. 1 to immediately proceed with
                                    the verification of the documents submitted by the
                                    petitioners.
Patna High Court CWJC No.8650 of 2025(2) dt.28-04-2026
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                                      ii. For issuance of an appropriate writ of
                          Certiorari or any other appropriate writ(s) or
                          order(s) ог direction(s) for quashing decision or
                          action taken by the respondents that has resulted in
                          the non- verification of documents and ultimately
                          disqualified the petitioners candidature based
                          solely on the apprehension of irregularities in
                          degrees from private universities, without any
                          specific inquiry.
                                      iii. For issuance of an appropriate writ
                          of Mandamus or any other appropriate writ(s) or
                          order(s)     or    direction(s)   fordirection   to   the
                          respondents to consider the candidature of the
                          petitioners for the post of Junior Engineer based
                          on the outcome of the document verification.
                                      iv. Issue such other writ, order or
                          direction as this Hon'ble Court may deem fit and
                          proper      having      regard    to   the   facts    and
                          circumstances of the case.
                      3. Learned counsel for the petitioners submits that

          petitioner Nos. 1 & 2 hold diplomas in Civil Engineering from

          OPJS University, Churu, Rajasthan, and, on the basis of the said

          qualification, they appeared pursuant to Advertisement No. 01

          of 2019 issued by the Bihar Technical Service Commission.

          Counsel further submits that the Commission has disqualified

          the petitioners only on the ground that a shadow has been cast

          on the result of the University, for which the petitioners may not
Patna High Court CWJC No.8650 of 2025(2) dt.28-04-2026
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          be held responsible.

                      4. Counsel further submits that the petitioners were

          regular students and have passed the examination, but due to

          certain issues at the University, their results have been

          questioned, which cannot be a ground to discard their

          candidature in this manner. Counsel further submits that the said

          University was established under the relevant law of the State

          and is duly recognized by the UGC, the apex body for

          maintaining standards of higher education in India.

                      5. Counsel further submits that the action of the

          respondent is absolutely arbitrary and based merely on suspicion

          regarding degrees from a private university, without any proper

          assessment. Counsel further submits that the blanket non-

          verification of the petitioners’ degrees is an unsustainable and

          arbitrary presumption against them.

                      6. Counsel submits that the decision of the Enquiry

          Committee has been challenged by OPJS University before the

          Hon’ble Rajasthan High Court at Jodhpur in Civil Writ Petition

          No. 17599 of 2024, and the writ petition has been allowed on

          merits, whereby the order under challenge dated 21.06.2024 was

          quashed and set aside. Therefore, it is submitted that the

          rejection of the petitioners’ candidature be set aside and their
Patna High Court CWJC No.8650 of 2025(2) dt.28-04-2026
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          candidature be directed to be accepted.

                      7. Learned counsel for the Commission, on the other

          hand, submits that the allegation that the Commission has acted

          only on the basis of a newspaper report is completely false and

          misconceived. Counsel further submits that 1166 applicants

          were called for document verification, out of which 367

          applicants were from OPJS University, but only 148 of them

          appeared. The Commission, after scrutiny and due investigation,

          and also taking into account the joint verification report dated

          05.12.2024, declared the certificates of the said 148 applicants

          belonging to OPJS University as invalid vide Memo No. 3894

          dated 20.12.2024.

                      8. Counsel submits that Annexure-R/1F series are the

          documents on the basis of which the Commission decided to

          declare the certificates obtained from OPJS University as

          invalid and accordingly disqualified the petitioner and others.

          Counsel further submits that, under the direction of the Chief

          Secretary, Government of Bihar, correspondence has been made

          with OPJS University, Churu, Rajasthan. It is further submitted

          that this Hon’ble Court, in the case of Manohar Manjhi & Ors.

          in CWJC No. 4102 of 2025, vide order dated 18.03.2025, has

          heard and dismissed the writ petition.
Patna High Court CWJC No.8650 of 2025(2) dt.28-04-2026
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                      9. Therefore, counsel submits that in no case is the

          claim of the petitioner sustainable.

                      10. In light of the submissions made before this Court,

          it transpires to this Court that the Bihar Technical Service

          Commission has issued Annexure P/3 on the website in which a

          categorical remark has been made which is scanned below:-
         Patna High Court CWJC No.8650 of 2025(2) dt.28-04-2026
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                               11. This Court, upon going through the counter-

                   affidavit, particularly Annexure-F series, finds that the

                   allegation of the Commission is based on documentation and

                   correspondence made by OPJS University, and it is in this

                   background that the public office has made a particular

                   remark/ground for rejection of the candidature of the petitioner.

                   In the view of this Court, the only option left to the petitioner is

                   to verify the truthfulness of the said remark and then come

                   forward before this Court. Therefore, at this juncture, this Court

                   is of the view that there is no need for any interference in this

                   case.

                               12. Accordingly, the present writ petition stands

                   dismissed.



                                                                  (Dr. Anshuman, J.)


Aman Kumar/-

U


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