Patna High Court
Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
A petition filed after the final selection, without having raised any earlier objection, cannot be entertained to set aside the result.
Summary
The petitioners, a group of candidates, challenged the Bihar Technical Service Commission’s (BTSC) revised final result for the Junior Engineer posts, alleging that the commission illegally allowed candidates to apply after the cut‑off date prescribed in Clause 15 of Advertisement No. 01/2019 and consequently excluded the petitioners. They sought quashing of the result, appointment to the vacant posts, and a stay on further appointments. The court noted that the same issue had been decided in Sajan Kumar & Ors. v. State of Bihar & Ors., where it was held that applicants who did not raise objections at the appropriate stage cannot later contest the final selection. The court also referred to the Supreme Court’s observation in Divya’s case that, in the absence of a specific eligibility date, the last date for submission of the application form governs. Applying these precedents, the court found the petitioners had no merit and dismissed the writ petition. The court praised the petitioners’ counsel for presenting the facts correctly.
Issues considered
- Whether the BTSC erred by allowing candidates to apply after the cut‑off date stipulated in Clause 15 of Advertisement No. 01/2019.
- Whether the petitioners, having raised no objection at the time of selection, can challenge the final result thereafter.
Subjects
- selection process
- advertisement clause
- cut‑off date
- writ petition
- quashing result
- appointment
- procedural fairness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8941 of 2025
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1. Vikas Kumar son of Ganga Ram Sah resident of At and P.O. -Tariyama, P.S.-
Simri Bakhtiyarpur, District -Saharsa (Bihar).
2. Sandeep Kumar son of Shivshankar Prajapti, resident of Village - Bhujaul,
P.O. - Shrirampur, P.S. - Sherghati, District - Gaya (Bihar).
3. Dhanraj Kumar son of Jayendra Prasad Singh resident of Village and P.O. -
Rajadih, P.S. - Tetiya Bamber, District - Munger (Bihar).
4. Ravishankar Kumar son of Rambalak Mahto, resident of Village - Dogay,
P.O. - Kachhiyana, P.S. - Amhra, District - Lakhisarai (Bihar).
5. Rishi Kumar, son of Kameshwar Pandit, resident of Village - Arwal (Sipah),
P.O. and P.S. - Arwal, District - Arwal (Bihar).
6. Amit Kumar son of Ram Naresh Choudhary, resident of Village - Korar
(Tilouthu), P.O. - Aurangabad Saraiya, P.S. - Tilouthu, District - Rohtas
(Bihar).
7. Satyendra Pal, son of Shivnandan Pal, resident of Village - Barorah, P.O. -
Tineri, P.S. - Guraru, District - Gaya (Bihar).
8. Chandan Bharti, son of Anil Kumar Kamta, resident of Village -
Bhagwanpur, P.O. - Churi, P.S. - Chandauti, District - Gaya (Bihar).
9. Raushan Kumar, son of Munarik Singh, resident of Village - Gulzar Bag,
P.O. and P.S. - Karpi, District - Arwal (Bihar).
10. Amit Kumar, son of Vijay Prasad Khatri, resident of Village - Paliganj, P.O.
and P.S. - Paliganj, District - Patna (Bihar).
11. Vikash Kumar son of Mahesh Prasad, resident of Village - Onda, P.O. -
Onda, P.S. - Sare, District - Nalanda (Bihar).
12. Raubinsh Kumar son of Vijay Kumar Singh, resident of Village - Sattar, P.O.
- Sarai, P.S. - Maner, District - Patna (Bihar).
13. Dinesh Kumar son of Siyaram Singh, resident of Village - Bairiyana, P.O. -
Karahari, P.S. - Sigori, District - Patna (Bihar).
14. Abhishek Kumar son of Ram Tanuk Bhagat, resident of At and P.O. -
Dhabauli, P.S. - Muffasil, District - Begusarai (Bihar).
15. Balram Kumar son of Babulal Singh, resident of At and P.O. - Lakho, P.S. -
Muffasil, District - Begusarai (Bihar).
16. Laloo Kumar son of Sadhu Yadav, resident of Village - Panbharwa, P.O. -
Gadi Bishanpur, P.S. - Garhi, District - Jamui (Bihar).
17. Amit Kumar son of Anil Singh, resident of Village - Nagwan, P.O. -
Purainiya, P.S. - Kinjar, District - Arwal (Bihar).
18. Avinash Kumar son of Purushottam Singh resident of Village - Jaitpur, P.O. -
Jaitpur, P.S. - Haspura, District - Aurangabad (Bihar).
19. Naveen Kumar Yadav son of Vishnu Deo Yadav, resident of Village and P.O.
- Narpa, P.S. - Bithan, District - Samastipur (Bihar).
20. Shankar Kumar Nirala son of Kapil Deo Mandal, resident of Village -
Deonathpatti, P.O. - Hatni, P.S. Ghoghardiha, District - Madhubani (Bihar).
21. Shankar Kumar son of Rajendra Kamat, resident of Village - Nouabakhar,
P.O. - Ghoghardiha, P.S. - Hatni, District - Madhubani (Bihar).
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22. Alok Ranjan Karn son of Rabindra Kumar, resident of Village - Sahbajpur,
P.O. - Takiya Karpi, P.S. - Mahkaar, District - Gaya (Bihar).
23. Vijay Kumar son of Satyanarayan Sharma, resident of Village - Bazitpur
Barh, P.O. and P.S. - Barh, District - Patna (Bihar).
24. Raj Abhishek son of Jagdish Prasad Yadav, resident of Village - Barsot, P.S.
- Sirdala, P.O. - Chaubey, District - Nawada (Bihar).
25. Ravi Kumar Shastri, son of Gaya Prasad, resident of Village - Rattibigha,
P.O. - Bakrour, P.S. - Bodhgaya, District - Gaya (Bihar).
26. Sahindra Kumar son of Jagat Mahto resident of Village - Bhawanipur, P.O. -
Dighari, P.S. - Surajgarha, District - Lakhisarai (Bihar).
27. Amit Kumar son of Umesh Sah, resident of At and P.O. - Lohchi, P.S. -
Hawli Kharagpur, District - Munger (Bihar).
28. Mithun Kumar son of Krishna Saw, resident of Village - Lodipur, P.O. -
Dharampur, P.S. - Kako, District - Jehanabad (Bihar).
29. Lakshmi Kumar son of Ram Gulam Mahto, resident of Village - Darhathan
Singh, P.O. and P.S. - Bakhre, District - Begusarai (Bihar).
30. Rajeev Ranjan Kumar son of Arun Prasad Sah, resident of Village and P.O. -
Sultanpur, P.S. - Desari, District - Vaishali (Bihar).
31. Sumit Kumar son of Surendra Kumar Ray, resident of Village and P.O. -
Rachiyahi Kachahri Tola, P.S. - Muffasil, District - Begusarai (Bihar).
32. Niraj Kumar son of Arun Lal Das, resident of Village - Haripatti, P.O. -
Laheriasarai, P.S. - Laheriasarai, District - Darbhanga (Bihar).
33. Marshal Jahannavi son of Mahesh Prasad Mandal, resident of At and P.O. -
Ekchari, P.S. - Rasalpur, District - Bhagalpur (Bihar).
34. Gunjan Kumar son of Dinesh Prasad Singh, resident of At - Bholsar, P.O. -
Ekchari, P.S. - Rasalpur, District - Bhagalpur (Bihar).
35. Ranvir Kumar son of Mani Prasad Singh, resident of At - Kalyanpur, P.O.
and P.S. - Harpur, District - Munger (Bihar).
36. Mukesh Kumar son of Arun Kumar Mandal, resident of At - Brahmchari
Tola, P.O. and P.S. - Ghogha, District - Bhagalpur (Bihar).
37. Jaysri Kumar son of Jhakshu Mandal resident of At and P.O. - Shankarpur,
P.S. - Sabour, District - Bhagalpur (Bihar).
38. Babloo Kumar, son of Umashankar Singh, resident of Village - Nagwan,
P.O. - Chakwaja Nagwan, P.S. - Patedhi Belsar, District - Vaishali (Bihar).
39. Santosh Kumar son of Jay Narayan Sah, resident of Village - Rajwara, P.O. -
Mushahri, P.S. - Mushahri, District - Muzaffarpur (Bihar).
40. Nitesh Kumar son of Suresh Pandit, resident of Village - Thatiyan, P.O. -
Balaur, P.S. - Karhani, District - Muzaffarpur (Bihar).
41. Shrawan Kumar son of Ramchandra Yadav, resindet of Village - Gogo, P.S. -
Nabinagar, P.O. - Rajabariya, District - Aurangabad (Bihar).
42. Deepak Raj son of Amrendra Kumar Yadav, resident of Village and P.O. -
Gurmiya, P.S. - Karthan, District - Vaishali (Bihar).
43. Sudhanshu Kumar son of Suresh Kumar Gupta, resident of Village and P.O.
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- Shankarpur Imamganj, P.S. - Khirimore, District - Patna (Bihar).
44. Satya Prakash Singh son of Gulab Singh, resident of Village - Parhi, P.O.
and P.S. - Chand, District - Kaimur (Bihar).
45. Dhananjay Kumar son of Baleshwer Prasad, resident of Village - Mandra,
P.O. - Manjhila, P.S. - Kawakol, District - Nawada (Bihar).
46. Aman Kumar son of Rajkishor Yadav, resident of Village - Ghordaur, P.O. -
Chigri, P.S. - Kusheshwar Asthan, District - Darbhanga (Bihar).
47. Anil Kumar son of Ram Chandra Pandit resident of Mohalla - Prajapati
Nagar, Ramdayalu Nagar Station, Atardah, Masaurhi, P.O. - Ramna, P.S. -
Sadar, District - Muzaffarpur (Bihar).
48. Ranjeet Kumar son of Dharm Nath Ray, resident of Village and P.O. -
Chhihattar, P.S. - Maner, District - Patna (Bihar).
49. Nitish Kumar Jawahar son of Narendra Prasad, resident of Village and P.O. -
Bathani, P.S. - Nimchal Bathani. District - Gaya (Bihar).
50. Subhash Kumar son of Rajendra Prasad, resident of Village - Manjhala Sem,
P.O. and P.S. - Rajauli, District - Nawada (Bihar).
51. Raja Kumar son of Maheshwar Prasad Singh resident of Village - Khataha
(Vijay Nagar), P.O. - Gadhmohni, P.S. - Gogri, District - Khagaria (Bihar).
52. Md. Asif Raza son of Md. Quamruddin Ansari, resident of Village - Haspura
Dih, P.O. and P.S. - Haspura, District - Aurangabad (Bihar).
53. Jay Prakash Kumar Ajay Prasad Saundik, resident of Mohalla - Bhim Sen,
Maharajganj Road, Rafiganj, P.O. and P.S. - Rafiganj, District - Aurangabad
(Bihar).
54. Deepak Kumar son of Nageshwar Ram resident of Village and P.O. -
Kishunpur Madhuban, P.S. - Kurhani, District - Muzaffarpur (Bihar).
55. Rajan Kumar Pankaj son of Ram Ekwal Baitha, resident of Village and P.O.
- Telhara Kala, P.S. - Kundwa Chainpur, District - East Champaran (Bihar).
56. Pappu Kumar Sharma son of Shiv Narayan Sharma, resident of Village -
Bairiyahi, P.O. - Bhaptiyahi, P.S. - Narhiya O.P., District - Madhubani
(Bihar).
57. Rabindra Kumar Mandal son of Kapleshwar Mandal, resident of Village -
Dhanuki, P.O. - Kariyat, P.S. - Laukhani, District - Madhubani (Bihar).
58. Atul Anand son of Pramesh Kumar Agresh resident of Village - Gandhi
Bazar Kursela, P.O. - A. G. Bazar, District - Katihar (Bihar).
59. Pankaj Kumar son of Harinarayan Prasad resident of Village - Tar Par, P.O.
and P.S. - Chiksaura, District - Nalanda (Bihar).
60. Prahlad Kumar son of Kamendra Kumar, resident of Village - Jolahbigha,
P.O. - Hati, P.S. - Kako, District - Jehanabad (Bihar).
61. Ravi Kumar son of Muso Mahto, resident of Village - Deera, P.O. - Konag,
P.S. - Halsi, District - Lakhisarai (Bihar).
62. Praveen Kumar son of Balmiki Prasad, resident of Village - Kolhana, P.O. -
Seway, P.S. - Chadnradeep, District - Jamui (Bihar).
63. Vinay Kumar son of Kuldeep Das, resident of Village - Dhonrha Ikil, P.O. -
Kurtha Bazar, P.S. - Makhdumpur, District - Jehanabad (Bihar).
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64. Saurabh Kumar son of Lalan Kumar Prabhakar, resident of At and P.O. -
Maranga, P.S. - Khat, District - Purnea (Bihar).
65. Manmohan Kumar son of Ram Sewak Mahto, resident of Village - Tilanghi,
P.O. - Banarjhula, P.S. - Sonbarsa, District - Sitamarhi (Bihar).
66. Navod Kumar Yadav son of Bhagat Yadav, resident of At - Rampur, P.O. -
Basudeopur, P.S. - Laukaha, District - Madhubani (Bihar).
67. Raju Kumar son of Ashok Paswan, resident of At - Majra, P.O. - B. K. Stan,
P.S. - K. Nagar, District - Purnea (Bihar).
68. Rishi Ranjan Verma son of Awadesh Parsad, resident of Village and P.O. -
Uttar Serthy, P.S. - Pali, District - Jehanabad (Bihar).
69. Abhishek Kumar son of Raman Kumar, resident of At and P.O. and P.S. -
Baruraj, District - Muzaffarpur (Bihar).
70. Rohit Kumar son of Ram Prasad, resident of Village - Chhattar Darwaja,
Ward No. 10, P.O. and P.S. - Daudnagar, District - Aurangabad (Bihar).
71. Md. Ali Zafari son of Md. Shamim, resident of Village and P.O. and P.S. -
Sigori, District - Patna (Bihar).
72. Shashi Kumar son of Rameshwar Singh, resident of Village - Kamalpur, P.O.
- Sagarpur, P.S. - Makhdumpur, District - Jehanabad (Bihar).
73. Amartya Pratap Chaudhary son of Awadh Bihari Chaudhary, resident of
Village _ P.O. - Kesath, P.S. - Nawabnagar, District - Buxar (Bihar).
74. Shiv Shankar Kumar son of Parmanand Keshari, resident of Village -
Ahrafganj, P.O. - Barni, P.S. - Dhanarua, District - Patna (Bihar).
75. Sanesh Kumar, son of Sukendra Yadav, resident of Village - Labhari, P.O. -
Kerap, P.S. - Rafiganj, District - Aurangabad (Bihar).
76. Vinay Kumar Thakur son of Bhola Thakur, resident of Village and P.O. -
Hussepur Pancharukhiya, P.S. - Sahebganj, District - Muzaffarpur (Bihar).
77. Milton Kumar son of Chandeshwar Mandal, resident of Village - Dharhara,
P.O. - Mahadeo Math, P.S. - Andhra Math, Via - Narhiya, District -
Madhubani (Bihar).
78. Niraj Kumar son of Rajesh Ray, resident of Village and P.O. - Dharfari, P.S.
- Deoria, District - Muzaffarpur (Bihar).
79. Shashikant Kumar son of Chadradeao Prasad, resident of Village - Gaya
Bigha, P.O. - Ghejan, P.S. - Shakurabad, District - Jehanabad (Bihar).
80. Bhagwan Prasad Kamat son of Ram Kumar Kamat, resident of Village and
P.O. - Suriyahi, P.S. - Phulparas, District - Madhubani (Bihar).
81. Prashant Kumar son of Ganesh Kamat, resident of Village and P.O. -
Suriyahi, P.S. - Phulparas, District - Madhubani (Bihar).
82. Sushant Kumar son of Ganesh Kamat, resident of Village and P.O. -
Suriyahi, P.S. - Phulparas, District - Madhubani (Bihar).
83. Shubham Kumar son of Santosh Prasad Singh, resident of Village - Tarar,
P.S. - Daudnagar, District - Aurangabad (Bihar).
... ... Petitioner/s
Versus
Patna High Court CWJC No.8941 of 2025(2) dt.04-05-2026
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1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, General Administrative Department,
Government of Bihar, Patna.
3. The Principal Secretary, Water Resources Department, Government of Bihar,
Patna.
4. The Principal Secretary, Planning and Development Department,
Government of Bihar, Patna.
5. The Secretary, Urban Development and Housing Department, Government
of Bihar, Patna.
6. The Principal Secretary, Public Health Engineering Department,
Government of Bihar, Patna.
7. The Secretary Building Construction Department, Government of Bihar,
Patna.
8. The Additional Secretary, Road Construction Department, Government of
Bihar, Patna.
9. The Secretary, Minor Water Resources Department, Government of Bihar,
Patna.
10. The Bihar Technical Service Commission, 19 Hardinge Road, Patna through
its Secretary.
11. The Chairman, Bihar Technical Service Commission, 19 Hardinge Road,
Patna.
12. The Secretary, Bihar Technical Service Commission, 19 Hardinge Road,
Patna.
13. The Deputy Secretary, Bihar Technical Service Commission, 19 Hardinge
Road, Patna.
14. Jyoti Kumari wife of Abhishek Kumar having Registration No.
BR00150010082465 through the Bihar Technical Service Commission.
15. Nayan Kumar Singh son of Birendra Kumar Singh, having Registration No.
BR00150010099944 through the Bihar Technical Service Commission.
16. Rajesh Saigal son of Harishankar Prasad, resident of Village - Sarai, P.O. -
Jandaha, P.S. - Ramgarh, District - Kaimur - 821110 (Bihar) having
Registration No. BR00150010091536.
17. Praveen Kumar son of Harishankar Prasad, resident of Village - Sarai, P.O. -
Jandaha, P.S. - Ramgarh, District - Kaimur - 821110 (Bihar) having
Registration No. BR00150010091536 through the Bihar Technical Service
Commission.
18. Nishant Kumar son of Sheo Dayal Sahu, resident of Mohalla - Yarpur
Yogiya Tola, P.S. Gardanibagh, P.O. - Patna G.P.O, District - Patna - 800001
(Bihar) having Registration No. BR00150010107397.
19. Aryan son of Late Sudhir Kumar, resident of Village - Sadpur East, Ward
No. 5, P.S. - Sahebpur Kamal, P.O. - Sadpur, District - Begusarai - 851211
(Bihar) having Registration No. BR00150010097448.
... ... Respondent/s
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======================================================
Appearance :
For the Petitioners : Ms. Surya Nilambari, Advocate
For the State : Mr. Vivek Pd. G.P.-7
Ms. Manisha Singh, AC to GP-7
For the BTSC : Mr. Nikesh Kr, Advocate
Mr. Bijay Choubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioners, learned
counsel for the State and learned counsel for the Bihar Technical
Service Commission.
2. The present writ petition has been filed for the
following reliefs:-
“a) For quashing the
revised Final Result as contained in
Memo No. 3896 dated 20.12.2024
issued pursuant to the Advertisement
No. 01/2019 by the Bihar Technical
Service Commission whereby and
whereunder the Petitioners were
illegally and unjustly overlooked for
selection whereas several other
candidates, who were illegally
allowed to participate in the selection
process even after the cut-off date
stipulated by Clause 15 of the
Advertisement No. 01/2019, were
selected and appointed to the posts of
Junior Engineer (Civil, Mechanical
Patna High Court CWJC No.8941 of 2025(2) dt.04-05-2026
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and Electrical).
b) To direct the Respondent
Bihar Technical Service Commission
to recommend the names of the
Petitioners against the vacant posts of
Junior Engineer (Civil) pursuant to
the Advertisement No. 01/2019 and
consequently, direct the Respondent
State to appoint the Petitioners
against the available vacant posts of
Junior Engineer (Civil) with all
consequential benefits including
seniority, arrears of salary etc.
c) To direct the Respondents
concerned not to make any further
appointment to the posts Junior
Engineer (Civil, Mechanical and
Electrical) pursuant to the
Advertisement No. 01/2019 issued by
the Bihar Technical Service
Commission during the pendency of
the present writ application.
d) To pass any other
order/orders in shape of a
consequential relief to which the
Petitioner may be found to be legally
entitled to in the facts and
circumstances of the instant case at
hand.”
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3. Learned counsel for the petitioners fairly submits
that the issue involved in the present writ petition has been
considered by this Hon’ble Court in another writ petition vide
order dated 23.06.2025 passed in CWJC No. 9448 of 2025
(Sajan Kumar & Ors. Vs. The State of Bihar & Ors.).
4. Counsel further fairly submits that since the said
issue has already been decided by this Hon’ble Court and the
petitioners have no other plea, and as a counsel, it is the duty to
assist this Court in a proper manner, therefore, despite the
grounds mentioned in the writ petition, the said judgment is also
placed before this Court.
5. Learned counsel for the Bihar Technical Service
Commission submits that the issue involved is very limited,
relating to Clause 15 of Advertisement No. 01 of 2019. Counsel
further submits that the advertisement was issued after a long
lapse of time, i.e., after more than 8 years, and a decision was
taken in the larger interest of the participants that whoever
becomes eligible to appear in the selection process would be
considered.
6. It is further submitted that since the last date for
filling up the form was extended and no cut-off date for the
requisite qualification was prescribed in the advertisement, the
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time period was also extended for all concerned. It is further
submitted that the present objection was not raised at the initial
stage and has been raised by the petitioners at a belated stage,
i.e., after final selection.
7. After hearing the parties and in light of the
observation made in the case of Sajan Kumar (supra), wherein
paragraph No. 8 states as follows:-
“This Court is of the firm
view that the petitioners have no case
at all as they have not raised any
objection earlier; rather after final
selection they want to create hurdle in
the final result, which this Court shall
not permit to the petitioners. So far as
the other cases are concerned, which
the petitioners have annexed in the
writ petition, this Court is not
observing any finding relating to those
cases as those cases shall be decided
on its own merit. From the findings of
Hon'ble Supreme Court in Divya's
case (Supra), it is clear that in
absence of rules or any other date
prescribed in the advertisement
determining the eligibility, it would be
the last date for submission of
application form shall prevail.”
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8. The reasons in the earlier case are identical for the
purpose of deciding the present case, and as such, this Court has
no option but to dismiss the present writ petition.
9. Accordingly, the present writ petition stands
dismissed.
10. This Court appreciates the conduct of learned
counsel for the petitioners, who has fairly submitted and placed
the correct facts before this Court.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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