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Patna High Court

Deepak JhaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that the university was not competent to grant the diploma before 2017‑18, rendering the petitioner’s qualification invalid and the BTSC’s order lawful.

Summary

Deepak Jha applied for the post of Junior Engineer (Civil) under advertisement No.1/2019 and scored above the cut‑off in the EWS category, but the Bihar Technical Service Commission (BTSC) rejected his candidature on the ground that his diploma from Swami Vivekanand University, Sagar, was invalid because the university was not authorized to award diplomas before 2017‑18. The petitioner had earlier obtained a direction from this Court in C.W.J.C. No.2079/2025 to file a representation before the BTSC, which was subsequently dismissed by the commission. The petitioner filed a writ petition seeking quashing of the BTSC order, declaration of the university’s competence, and his appointment. The Court examined the earlier precedent of Prince Raj Vs State of Bihar, which held that a degree issued before the university obtained permission is fictitious. Applying that principle, the Court found that the petitioner’s diploma was not valid and dismissed the writ petition.

Issues considered

  • Whether the diploma obtained by the petitioner from Swami Vivekanand University for the session 2014‑2017 is a valid qualification for the advertised post.
  • Whether the BTSC’s order rejecting the petitioner’s candidature is legally sustainable.
  • Whether the Court should quash the BTSC order and direct the appointment of the petitioner.

Subjects

  • appointment
  • eligibility
  • diploma validity
  • university recognition
  • EWS reservation
  • writ of certiorari
  • Bihar Technical Service Commission
  • public service recruitment

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8900 of 2025
     ======================================================
     Deepak Jha Son of Govind Jha, Resident of Village and P.O- Chandrain, P.S-
     Nauhata, District- Saharsa.

                                                               ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2.   The Principal Secretary, Science and Technology, Government of Bihar,
     Patna.
3.   The Principal Secretary, Irrigation Department, Government of Bihar, Patna.
4.   The Principal Secretary, Water Resources Department, Government of Bihar,
     Patna.
5.   The Principal Secretary, Planning          and   Development   Department,
     Government of Bihar, Patna.
6.   The Principal Secretary, Urban Development and Housing Department,
     Government of Bihar, Patna.
7.   The Principal Secretary, Rural Work Department, Government of Bihar,
     Patna.
8.   The Principal Secretary, Public Health and Engineering Department,
     Government of Bihar, Patna.
9.   The Principal Secretary, Building Construction Department, Government of
     Bihar, Patna.
10. The Principal Secretary, Road Construction Department, Government of
    Bihar, Patna.
11. The Principal Secretary, Minor Water Resources Department, Government
    of Bihar, Patna.
12. The Bihar Technical Service Commission, through its Secretary,
    Government of Bihar, Patna.
13. The Secretary, Bihar Technical Service Commission, Government of Bihar,
    Patna.
14. The Chairman, Bihar Technical Service Commission, Government of Bihar,
    Patna.
15. The In-Charge Secretary, Bihar Technical Service Commission, 19 Harding
    Road, Patna.
16. Khusbhu Kumari Daughter of Vikash Kumar, through Bihar Technical
    Service Commission, Patna, Serial No.346, Registration No.
    BR00150010108435.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Dinu Kumar, Advocate
                                  Ms. Ritika Rani, Advocate
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                                        Mr. Vardaan Mangalam, Advocate
       For the State            :       Mr. Jai Prabhat Kishore (AC to SC-13)
       For the BTSC             :       Mr. Nikesh Kumar, Advocate
                                        Mr. Praveen Tewari, Advocate
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                ORAL JUDGMENT

         Date : 04-05-2026

                       Heard learned counsel for the petitioner, learned

         counsel for the State and learned counsel for the Bihar Technical

         Service Commission (B.T.S.C.).

                       2. The present writ petition has been filed for issuance

         of an appropriate writ in the nature of certiorari or an

         appropriate writ/writs, order/orders, direction/directions for any

         other purposes and for grant of the following relief/s:-

                               “I. For quashing the office order vide memo
                               no. 968 dated 25/03/25 issued under the
                               signature of In-Charge Secretary, Bihar
                               Technical Service Commission, Patna, Bihar
                               respondent no.15 as contained in Annexure-
                               P/14, by which grievances of the petitioner
                               has been rejected after alleged compliance of
                               order dated 11.02.2025 passed in C.W.J.C.
                               No. 2079/2025 for appointment to the post of
                               Junior Engineer (Civil) against advertisement
                               no. 1/2019 as contained in Annexure-P/2.
                               II. For quashing the objection raised by the
                               Bihar Technical Service Commission by which
                               the candidature of the petitioner has been
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                               rejected/cancelled as contained in Annexure-
                               P/7 as a result of which the petitioner has not
                               been selected for appointment to the post of
                               Junior Engineer (Civil) against advertisement
                               no. 1/2019 even after scoring more than the
                               cut-off marks in EWS category and private
                               respondent and many others who has scored
                               lesser marks then the petitioner has been
                               selected against advertisement no.1/2019.
                               III.   To        hold    and   declare     the      Swami
                               Vivekanand          University,       Sagar,     Madhya
                               Pradesh, the private institute from where the
                               petitioner         got   his   Diploma         in    Civil
                               Engineering session 2014-2017 is competent
                               to issue Diploma Degree and the petitioner
                               has not passed Diploma in Non-Distance
                               mode from a Deemed University is arbitrary,
                               illegal, malafide and bad in law.
                               IV. For commanding the Bihar Technical
                               Service Commission to declare the result of
                               the petitioner and recommend the name of the
                               petitioner for appointment to the post of
                               Junior Engineer (Civil) against advertisement
                               no. 1/2019 in EWS category considering the
                               marks       of     the   petitioner     62.625%       and
                               institution of the petitioner.
                               V. For commanding the state respondents to
                               issue appointment letter in favour of the
                               petitioner considering the merit position of the
                               petitioner in the EWS category and grant
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                               seniority,         pay    protection   and     other
                               consequential service benefits for which the
                               petitioner on the reason private respondent
                               who has scored lesser marks than the
                               petitioner         has    been   selected    against
                               advertisement no.1/2019 for appointment to
                               the post of Junior Engineer (Civil) in 60%
                               open in EWS category.
                               VI.     Also        for   necessary    relief/reliefs,
                               order/orders, direction/directions for which
                               the petitioners are entitled in the eye of law.”


                     3. Learned counsel for the petitioner submits that the

         petitioner had earlier moved before this Hon’ble Court in

         C.W.J.C. No. 2079 of 2025 which was disposed off vide order

         dated 11.02.2025 with liberty to the petitioner to file a fresh

         representation before the Secretary, Bihar Technical Service

         Commission, Govt. of Bihar, Patna who was directed to pass

         order. Counsel submits that in the light of the order passed by

         this Court in C.W.J.C. No. 2079 of 2025, the petitioner filed

         representation vide Annexure-P/13. He submits that the

         petitioner has obtained diploma from the Swami Vivekanand

         University, Sagar, Madhya Pradesh and submits that his

         certificate is valid and fulfills all the requisite qualification

         required under the Advertisement no. 1/2019. He also submits
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         that the petitioner obtained diploma in Civil Engineering being

         the regular student of Swami Vivekanand University, Sagar,

         Madhya Pradesh for the Session 2014-2017. He submits that he

         has uploaded the certificates on the website and this Hon’ble

         Court has directed the respondent-commission to pass order

         considering the petitioner’s representation. Counsel submits that

         his representation has been disposed of vide Annexure-P/14, in

         which, none of the points have been discussed.

                     4. Upon perusal of the order which is under challenge,

         it transpires to this Court that the respondent-commission has

         passed order on the representation of the petitioner and decided

         against the petitioner. It transpires to this Court that in Clause-

         (x) of the Annexure-P/14, seven different grounds under heading

         (a) to (g) have been mentioned as well as the grounds have been

         mentioned in Clause (xi), (xii) & (xiii) and subsequently, in the

         light of the decision made by this Court in case of Prince Raj

         Vs. The State of Bihar & Anr. dated 30.03.2026 passed in

         C.W.J.C. No. 5733/2025, in which, it has been observed that the

         degree of the petitioner is fake, as it was issued prior to 2017-

         2018, when the university was not permitted to grant diploma to

         the students and on this ground, the said writ petition was

         dismissed. Here in the present case, the petitioner is admittedly
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                      of the Session 2014-2017.

                                  5. This Court is of the firm view that when the

                      University was not competent to grant diploma to the students

                      prior to 2017-2018, then under what circumstances, the

                      petitioner has been issued degree/diploma for the Session 2014-

                      2017.

                                  6. Hence, this Court finds no merit in this case.

                      Accordingly, this writ petition stands dismissed.




                                                                   (Dr. Anshuman, J)
Divyansh/-
AFR/NAFR
CAV DATE                     NA
Uploading Date             06/05/2026
Transmission Date            NA


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