Patna High Court
BiharversusAshiwini Bhardwaj
- Decided
- Disposal
- DISPOSED
Holding
The Letters Patent Appeal is disposed of, confirming that the State must comply with the appointment order.
Summary
The State of Bihar appealed a Patna High Court order that directed the appointment of Ashiwini Bhardwaj as Lecturer in Arts & Craft at a Government Training College under the UR category, with the condition that he would receive benefits only from his actual date of joining. The State argued that the order should be set aside, while the respondent contended that a vacancy still existed and compliance would cause no difficulty. The Advocate General for the State was asked to verify the vacancy and later confirmed that the post remained vacant and the State could comply with the appointment order. On this basis, the Court disposed of the Letters Patent Appeal, effectively upholding the original appointment order. Consequently, the petitioner is to be appointed without any entitlement to seniority or pay from the date of earlier candidates.
Issues considered
- Whether the State of Bihar is bound to comply with the High Court order appointing the petitioner to the vacant Lecturer post under the UR category
- Whether the condition of denying seniority and pay from the earlier advertisement date is valid
Subjects
- appointment
- vacancy
- lecturer
- UR category
- seniority
- letters patent appeal
- state employment
- compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.235 of 2025
In
Civil Writ Jurisdiction Case No.15281 of 2021
======================================================
1. The State of Bihar through Secretary, Education Department, Govt. of Bihar,
Patna, Bihar.
2. The Secretary, Education Department, Govt. of Bihar, Patna, Bihar.
3. The Addl. Chief Secretary, Education Department, Govt. of Bihar, Patna.
4. The Director (Admin.) cum Addl. Secretary, Education Department, Govt. of
Bihar, Patna, Bihar.
... ... Appellant/s
Versus
1. Ashiwini Bhardwaj Son of Binay Singh, Resident of Baramasia, Near Cyber
Zone, P.S. Dhawar, District - Dhanbad (Jharkhand).
2. The Bihar Public Service Commission, Bihar, Patna through its Chairman,
15, Jawahar Lal Nehru Marg, Bailey Road, Patna, Bihar 800001.
3. The Chairman, Bihar Public Service Commission, Bihar, 15, Jawaharlal
Nehru Marg, Bailey Road, Patna, Bihar 800001.
4. The Joint Secretary cum Examination Controller, Bihar Public Service
Commission, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. P.K.Shahi, Adv. General
Mr. Anjaneya Singh, Advocate
For the Respondent No. 1 : Mr. Dhananjay Kumar, Advocate
Mr. Surendra Prasad Tiwari, Advocate
Mr. Ashok Kumar Sinha, Advocate.
For the B.P.S.C. : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 18-02-2026 This Letters Patent Appeal has been filed by the
State of Bihar challenging the order dated 10.09.2024 of the
Patna High Court L.P.A No.235 of 2025(9) dt.18-02-2026
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judgment and order dated 10.09.2024 passed by the learned
Single Judge in C.W.J.C. No. 15281 of 2021 in directing the
concerned authority to appoint the petitioner against the vacant
post of Lecturer in Arts & Craft in Government Training
College under the UR category, with a further direction that the
petitioner shall not be entitled to claim seniority, pay or any
other wages from the initial date of joining of the other
candidates of the advertisement no. 04/2016; rather, he shall be
entitled for all the benefits from the date he actually joins the
post.
2. Yesterday when the matter was heard at length and
the learned counsel for the respondent made a submission that
one post under UR category is still lying vacant and there would
not be any difficulty for the State to comply the order passed by
the learned Single Judge, the learned Advocate General sought
for time to ascertain the correct state of affairs.
3. Today, the learned Advocate General, on instruction
submitted that one post of Lecturer under the UR category in
(Arts & Craft in Government Training College) is still lying
vacant and the State has no difficulty in providing appointment
to the petitioner. The State shall carry out the order passed by
the learned Single Judge.
Patna High Court L.P.A No.235 of 2025(9) dt.18-02-2026
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4. In view of such submission made by the learned
Advocate General, the Letters Patent Appeal is disposed off.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U
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