Patna High Court
Deepak JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
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
Patna High Court CWJC No.8900 of 2025 dt.04-05-2026
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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
Patna High Court CWJC No.8900 of 2025 dt.04-05-2026
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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
Patna High Court CWJC No.8900 of 2025 dt.04-05-2026
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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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