Patna High Court
Kanchan KumariversusThe State of Bihar through the Principal Secretary,
- Decided
- Disposal
- DISPOSED
Holding
The appeal is dismissed, upholding the lower court's order that the writ petition was infructuous.
Summary
The appellant Kanchan Kumari filed a Letters Patent Appeal challenging a single judge's order dismissing her writ petition on the ground that the petition had become infructuous after the result declared by the Bihar State University Service Commission. The respondents argued that the petition was infructuous not because the result was declared, but because the State Government withdrew its requisition concerning the subject of Ancient History, Culture and Archaeology. The Commission produced letters dated 10.03.2025 and 20.03.2025 evidencing the withdrawal. The High Court, after reviewing these letters, found no basis to interfere with the lower court's dismissal. Consequently, the appeal was dismissed and any pending interim applications were also disposed of.
Issues considered
- Whether the writ petition became infructuous due to the withdrawal of the State Government's requisition.
- Whether the order dismissing the writ petition should be set aside.
Subjects
- Letters Patent Appeal
- Writ Petition
- Infructuous
- Higher Education
- Bihar State University Service Commission
- Withdrawal of requisition
- Civil Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.210 of 2025
In
Civil Writ Jurisdiction Case No.1157 of 2025
======================================================
Kanchan Kumari D/o Kishori Mohan Prasad, W/o Abhay Nath Kumar,
Resident of Mohalla - Jail Road, Rampur, P.O. and P.S. Rampur, Dist. - Gaya.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Higher Education,
Education Department, Bihar, Patna.
2. The Principal Secretary, Higher Education, Education Department, Bihar,
Patna.
3. The Director, Higher Education, Education Department, Bihar, Patna.
4. The Bihar State University Service Commission, Bihar, Patna.
5. The Secretary, Bihar State University Service Commission, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : None.
For the BSUSC : Mr. Anjani Kumar, AAG-4
For the State : Mr. Sarvesh Kumar, AAG-13
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-02-2026
No one appears on behalf of the appellant.
2. This L.P.A has been filed challenging the order dated
27.01.2025 by which the learned Single Judge has dismissed the
writ petition being CWJC No. 1157 of 2025; from which it
appears that, in view of the result declared by the Commission,
the writ petition has become infructuous.
3. Learned counsel for the State as well as learned
senior counsel appearing on behalf of the Bihar State University
Service Commission submit that the writ petition has become
infructuous, not on the ground that the result has been declared,
Patna High Court L.P.A No.210 of 2025 dt.23-02-2026
2/2
but on account of the fact that the requisition sent by the State
Government to the Bihar State University Service Commission
with respect to the subject of Ancient History, Culture and
Archaeology has been withdrawn.
4. In this connection, learned counsel for the Bihar State
University Service Commission has produced Letter No. 755
dated 10.03.2025 and Letter No. 833 dated 20.03.2025, which
are taken on record.
5. In view of the aforesaid letters placed before us, we
are not inclined to interfere with the impugned order dated
27.01.2025 passed in C.W.J.C. No. 1157 of 2025.
6. Accordingly, the present L.P.A. stands dismissed.
7. Pending I.A., if any, also stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.02.2026
Transmission Date NA
Checking your session…