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,
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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
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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
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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.
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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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