Patna High Court
Sangeeta KumariversusBihar Technical Service Commission,
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
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.
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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
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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
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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.
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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:-
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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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