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Patna High Court

Lalan Kumar MadhukarversusThe Bihar State University Service Commission

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed as the petitioner failed to comply with the mandatory requirement of submitting a registrar‑countersigned teaching experience certificate within the stipulated deadline.

Summary

Lalan Kumar Madhukar, a lecturer, applied for an Assistant Professor post under a Bihar State University Service Commission advertisement that required a teaching experience certificate countersigned by the university registrar. He submitted a certificate signed only by the college principal before the deadline and later obtained a registrar‑countersigned certificate in 2024, which the commission rejected as untimely. The petitioner filed a writ seeking mandamus to compel the commission to consider his later‑submitted certificate, but the Single Judge dismissed the petition, finding no merit. On appeal, the High Court examined whether the commission’s strict adherence to the advertisement’s deadline violated principles of natural justice or amounted to discrimination. The Court held that the requirement was a clear condition of eligibility and the petitioner’s failure to meet it could not be cured after the deadline. Consequently, the Letters Patent Appeal was dismissed, affirming the commission’s rejection of the application.

Issues considered

  • Whether the commission erred in rejecting the petitioner’s application for not submitting a teaching experience certificate countersigned by the registrar within the stipulated deadline.
  • Whether the petitioner is entitled to be allowed to submit the registrar‑countersigned certificate at a later date despite the deadline.
  • Whether the commission’s action violates principles of natural justice or amounts to arbitrary discrimination.

Subjects

  • teaching experience certificate
  • appointment eligibility
  • public service commission
  • administrative law
  • natural justice
  • procedural fairness
  • discrimination

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.292 of 2025
                                           In
                   Civil Writ Jurisdiction Case No.19704 of 2024
     ======================================================
     Lalan Kumar Madhukar Son of Late Kameshwar Singh, Resident of Village-
     Narayanpur, Post Office- Rajabigha, Police Station - Narhat, District -
     Nawadah presently working as Lecturer in Department of History, R.Lal
     College, Ali Nagar, Nalanda, District - Nalanda.


                                                              ... ... Appellant/s
                                        Versus
1.   The Bihar State University Service Commission Patna through its Secretary
     having its Office at 8th Floor, Bihar School Examination Board, Academic
     Building, Budh Marg, Patna - 1.
2.   The Chairman, Bihar State University Service Commission, Patna having its
     Office at Academic Building, B.S.E.B., Budh Marg, Patna- 1.
3.   The Patliputra University through its Registrar, having its Office at Patna.


                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :       Mr. Arun Kumar, Advocate
     For the Respondent/s   :       Mr. Anjani Kumar, AAG-4
                                    Mr. Rohan Sinha, AC to AAG-4
                                    Mr. Alok Kumar Rahi, AC to AAG-4
     For the PPU            :       Mr. P.K.Verma, Advocate
                                    Dr. Anand Kumar, Advocate
                                    Ms. Vijeta Kumari, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)


      Date : 01-04-2026
                This Letters Patent Appeal has been filed by Mr.

      Lalan Kumar Madhukar challenging the order dated 13.02.2025

      passed by the learned Single Judge in C.W.J.C. No. 19704 of

      2024. The writ petition was filed seeking for following reliefs:-

                                    “(i) For issuance of appropriate
Patna High Court L.P.A No.292 of 2025 dt.01-04-2026
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                                           order/direction/writ in the nature of
                                           mandamus commanding and directing
                                           upon the Respondents concerned
                                           specially Respondent No. 1 and 2 to
                                           consider the claim of petitioner for
                                           acceptance of Teaching Experience
                                           certificate duly countersigned by
                                           Registrar of the concerned University
                                           in pursuant to necessary Notice No.
                                           1754 dated 14.10.2024 in reference to
                                           Advertisement No. AP-History-08/20-
                                           21 under which during course of
                                           scrutiny of Hard copy of application
                                           form of petitioner being UID No. LAL
                                           09061976 HIS 0066115 at Sr. No.
                                           3235 under which petitioner was
                                           directed to submit required documents
                                           which he has submitted in prescribed
                                           norms as also since Teaching
                                           Experience Certificate issued from the
                                           level of Principal of the College was
                                           submitted along with application form
                                           but the same is required to be Counter
                                           signed by learned Registrar of the
                                           concerned University and accordingly
                                           petitioner after obtaining the Teaching
                                           Experience certificate issued from the
                                           level of Principal of the College duly
                                           countersigned by learned Registrar of
                                           the University dated 19.11.2024 has
                                           also uploaded on Website of
                                           Commission on 23.11.2024 and also
                                           sent through Speed Post on
                                           07.12.2024 on the basis of which
                                           petitioner will be entitled to get
                                           weightage       as     prescribed    in
                                           Advertisement itself but on request of
                                           petitioner no positive response is
                                           being given by the Respondent
Patna High Court L.P.A No.292 of 2025 dt.01-04-2026
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                                           Commission which will prejudice the
                                           valid claim of petitioner.
                                           (ii)Any other order/orders for
                                           granting any other relief/reliefs for
                                           which he petitioner is found entitled to
                                           in the facts and circumstances of the
                                           case.”

                      2. It is the case of the petitioner that while he was working

         as the Lecturer in Department of History in R. Lal College, Ali

         Nagar, Nalanda since 11.11.2011, an advertisement dated 21.09.2020

         was published by the Bihar State University Service Commission,

         Patna, (hereinafter referred to as ‘Commission’) for appointment to

         the post of Assistant Professor in several subjects including History

         and since as per the eligibility criteria, the petitioner was fulfilling the

         same, he applied in proper format within time. It is the case of the

         petitioner that the Teaching Experience Certificate which he

         submitted was issued by the Principal of the College, but since the

         requirement as per the advertisement was that it was to be

         countersigned by the Registrar of the concerned university, the

         petitioner’s application was not accepted.

                      It is the further case of the petitioner that in several

         cases, even though the required documents were not submitted

         by the candidates at the time of filing applications, they were

         given opportunities to file such documents at a later stage and

         those were accepted, but the petitioner has been discriminated,
Patna High Court L.P.A No.292 of 2025 dt.01-04-2026
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         inasmuch as, at the time of filing the application since he was

         not     having      the     Teaching         Experience   Certificate   duly

         countersigned by the Registrar, the same was not filed, but at a

         later stage, when such a certificate was obtained, the petitioner

         should have been accorded opportunity to produce the

         certificate, so that he could have been considered for the

         selection.

                      The learned Single Judge after hearing the learned

         counsel for the petitioner as well as the counsel for the

         Commission came to hold as follows:-

                                           “7. After hearing the learned counsel
                                           for the parties, the Court finds no
                                           merit in the writ application for the
                                           reason that it is an admitted position
                                           that petitioner did not submit the
                                           Teaching Experience Certificate duly
                                           countersigned by the Registrar prior
                                           to the last date of submission of the
                                           Teaching Experience Certificate as
                                           mandated by the advertisement nor in
                                           the writ application there is any
                                           averment that the Registrar of the
                                           concerned university was not issuing
                                           the Teaching Experience Certificate,
                                           as such, the petitioner had no option,
                                           but to submit the Teaching Experience
                                           Certificate signed by the Principal of
                                           the college nor the writ petition even
                                           remotely suggests that petitioner made
                                           any endeavours prior to 2024 to get
                                           the Teaching Experience Certificate
                                           issued under the signature of the
Patna High Court L.P.A No.292 of 2025 dt.01-04-2026
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                                           Registrar, as such, even the petitioner
                                           was lackadaisical in his approach, as
                                           such, the submission made by the
                                           learned counsel appearing on behalf
                                           of the petitioner that the Court should
                                           exercise its extraordinary jurisdiction
                                           for granting relief since the petitioner
                                           ultimately had submitted his Teaching
                                           Experience Certificate, is not worth
                                           considering.”

                      3. It is the contention of the learned counsel for the

         Commission that on bare perusal of the advertisement, it would

         be manifestly clear that criteria for shortlisting the candidates

         for the post of Assistant Professor has been stipulated and as per

         sub-clause (6) of Clause 7.2, it speaks of teaching/post doctoral

         experience for which two marks for each year is to be granted,

         subject to the maximum of ten marks and such a benefit can

         only be given on the basis of a certificate which is to be

         countersigned by the Registrar of the concerned university and

         since the petitioner though submitted the Teaching Certificate

         before the cut-off date, which was not countersigned by the

         Registrar of the concerned University and was issued under the

         signature of Principal of the College, therefore, the Teaching

         Experience Certificate was not in accordance with the mandate

         of the advertisement and thus, the question of giving liberty to

         the petitioner to submit the Teaching Experience Certificate

         duly signed by the Registrar, at a later stage, did not arise in this
Patna High Court L.P.A No.292 of 2025 dt.01-04-2026
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         case.

                      It is further contended by the learned counsel for the

         Commission that as per the advertisement, the last date of

         submission of the certificate was 10.12.2020 and therefore, the

         Commission rejected the Teaching Experience Certificate which

         the petitioner submitted subsequently in the year 2024.

                      4. Though the learned counsel for the appellant argued

         that in similar cases, lenient approach has been taken and the

         persons who have not submitted such certificates earlier, have

         been given opportunity to file it at a belated stage, but no

         specific instances have been stated in any of the paragraphs of

         the writ petition to that effect. Therefore, the submission made

         in that respect claiming parity cannot be accepted.

                      5. The learned Senior Counsel appearing for the

         Commission submitted that similar matters in which orders were

         passed by the learned Single Judge were challenged by Bihar

         State University Service Commission before this Court in

         Letters Patent Appeal in LPA No. 653 of 2024 and LPA No. 698

         of 2024, which were allowed and LPA No. 1003 of 2024 has

         been filed by the candidate on being aggrieved by the order of

         learned Single Judge, who did not find any fault in the action of

         the Commission, stood dismissed. He has produced the copies

         of those orders, which are taken on record.
             Patna High Court L.P.A No.292 of 2025 dt.01-04-2026
                                                          7/7




                                   6. On perusal of the order passed in the LPA, it

                      appears that this matter is also similar in nature; therefore, it

                      cannot be said that there is any perversity or palpable

                      unreasonableness in the impugned order passed by the learned

                      Single Judge, which is required to be corrected by exercising the

                      appellate jurisdiction in this Letters Patent Appeal. The

                      appellant having failed to produce the Teaching Experience

                      Certificate countersigned by the Registrar of the University

                      which is a necessity as per the advertisement published by the

                      Commission to be submitted alongwith the application form for

                      appointment to the post of Assistant Professor in History, the

                      petitioner’s application was rightly rejected.

                                   7. Accordingly, the Letters Patent Appeal being

                      devoid of merits, stands dismissed.




                                            (Sangam Kumar Sahoo, CJ)


                                                    (Harish Kumar, J)
supratim/-
AFR/NAFR                    NAFR
CAV DATE                    NA
Uploading Date              03.04.2026
Transmission Date           NA


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