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Patna High Court

The Chairman, Bihar Staff Selection CommissionversusVinay Kumar

Decided
Disposal
DISMISSED

Holding

The Letters Patent Appeal is dismissed, upholding the single judge’s order directing consideration of the petitioner.

Summary

The Bihar Staff Selection Commission (BSSC) appealed against a single judge’s order that directed the State to consider Vinay Kumar, a daily‑wage driver, for inclusion in the list of candidates for a vehicle‑driver post. Kumar had passed the written test but was denied marks for driving experience because his employment was not as a contractual driver, as required by the recruitment notification. The single judge had ordered the State to grant weightage to daily‑wage drivers and to consider Kumar’s case within 90 days. The BSSC argued that the notification expressly limited experience marks to contractual drivers, while the State pointed to a subsequent memo granting Kumar the requested weightage. The High Court noted that the memo had already been acted upon, that the parties had not disclosed this fact earlier, and invoked the principle of clean hands, ultimately refusing to interfere with the lower court’s order and dismissing the appeal.

Issues considered

  • Whether a daily‑wage driver is entitled to experience marks under a recruitment advertisement that specifies contractual drivers.
  • Whether the single judge’s order directing the State to consider the petitioner should be set aside on the ground that the notification was not considered.
  • Whether the Commission is bound to implement the weightage after the State’s memo directing consideration of the petitioner.
  • Whether the appeal should be dismissed on the basis of non‑disclosure of material facts and the doctrine of clean hands.

Subjects

  • recruitment
  • driver selection
  • experience marks
  • daily wage driver
  • letters patent appeal
  • clean hands
  • equity
  • administrative discretion

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.491 of 2025
                                        In
                  Civil Writ Jurisdiction Case No.4890 of 2020
     ======================================================
1.    The Chairman, Bihar Staff Selection Commission P.O. Veterinary College
     Patna - 14.
2.   The Bihar Staff Selection Commission, P.O. Veterinary College, Patna - 14
     through the Secretary.
3.   The Secretary Bihar Staff Selection Commission, P.O. Veterinary College,
     Patna- 14.

                                                                      ... ... Appellant/s
                                           Versus

1.   Vinay Kumar Son of Ramshankar Singh, resident of village- Rajkhand, P.S-
     Aurai, District - Muzaffarpur.
2.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
3.   The Principal Secretary, General Administration Department, Government
     of Bihar, Patna.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s      :       Mr. Satyabir Bharti, Sr. Adv.
                                      Ms. Aastha Prakash, Adv.
                                      Ms. Kanupriya, Adv.
                                      Mr. Abhishek Anand, Adv.
     For the State            :       Mr. Sanjay Kumar Ghosarvey, AC to AAG 3
     For the Pvt. Respondent :        Mr. Vijay Kumar Singh, Adv.
                                      Mr. Abhinav Shandilya, Adv.
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)
     Date : 18-02-2026
                  This Letters Patent Appeal has been filed by the

      appellants Bihar Staff Selection Commission, Patna                      and its

      authorities (hereinafter referred to as the ‘Commission’)
Patna High Court L.P.A No.491 of 2025 dt.18-02-2026
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         challenging the order dated 01.05.2024 passed by the learned

         Single Judge in CWJC No. 4890 of 2020. Prayer of the

         petitioner in the writ petition was for a direction to the

         respondent authorities to include his name in the list of selected

         candidates at the appropriate place which was published by the

         respondent Commission vide Memo No. 2478/Aa dated

         27.09.2019; and also permit the petitioner to participate in the

         driving test and interview on the ground that the petitioner had

         passed the written examination and has experience of driving of

         more than seven years in the Circle Office, Aurai, District

         Muzaffarpur for which the petitioner had submitted his

         experience certificate duly issued by the Circle Officer in the

         prescribed format in the office of the Commission.

                          2. In the counter affidavit filed by the Commission-

         respondent Nos. 4 and 5, it is stated that the allocation of marks

         has been prescribed in the following manner:- the written test

         carries 75 marks and against the work experience of the duly

         contractual Niyojit Vehicle Driver in the offices of Bihar

         Government, total 25 marks, with the clear stipulation that for

         driving experience of each year, five marks is to be given upto

         maximum 25. It is further stated that the petitioner, Vinay

         Kumar, who comes under Unreserved category, appeared in the
Patna High Court L.P.A No.491 of 2025 dt.18-02-2026
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         written test and obtained 44.75 marks, which is of course above

         the minimum qualifying marks of 40% fixed for General

         Category candidates. However, the petitioner was working as

         daily wage driver in the Circle Office, Aurai and the certificate

         issued by the Circle Office does not entitle him to get marks

         under the heading of Driving Experience as the work

         experience of the petitioner does not fall under the category of

         Niyojit Vehicle Driver of the Government of Bihar. Therefore,

         the marks under the heading of ‘driving experience’ has not

         been awarded to the petitioner and since the petitioner could not

         secure the minimum qualifying marks of 55 for being called to

         the driving test and interview, therefore his name did not find

         place in the list of eligible candidates who have been called for

         driving test.

                           The learned Single Judge in the impugned order

         has been pleased to hold as follows:

                          “6. In the light of the submission made by the
                          parties, it transpires to this Court that at the time
                          of drafting of the said advertisement, the authority
                          particularly the Secretary and other officials must
                          be taken into consideration that this advertisement
                          has come in the light of Hon’ble Court’s order,
                          therefore, the facts and circumstances under which
                          this Court has passed order must be taken care of
                          and the truth is that C.W.J.C. No. 8566 of 2007
                          with analogous cases had been filed by the daily
                          wage drivers. M.J.C. 3375 of 2013 has also arisen
                          from the said C.W.J.C. No. 8566 of 2007, therefore,
Patna High Court L.P.A No.491 of 2025 dt.18-02-2026
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                          this advertisement must cover all those drivers who
                          were daily wagers but in the said advertisement,
                          only contractual drivers has been taken into
                          consideration. As such, this Court direct the
                          Respondent No. 2 i.e. The Principal Secretary,
                          General Administration Department, Government
                          of Bihar, Patna to consider the case of the
                          petitioner, on their representation within 90 days
                          from the date of filing the same by the petitioner
                          within 30 days, and issue proper instruction to
                          B.S.S.C. to consider the case of the petitioner.”

                          3. The learned counsel for the appellants has placed

         reliance on the notification dated 09.07.2014 issued by the

         General Administration Department, Government of Bihar,

         wherein it is stated that 75 marks is prescribed for written

         examination and 25 marks for the work experience of motor

         driving of drivers legally appointed on the basis of contract in

         any office of the State Government, with clarification that 5

         marks is to be awarded for work experience of the motor driving

         of each year, maximum 25 marks. On that basis the aforesaid

         notification, the advertisement (Annexure P/4) has been issued

         and since the petitioner was not engaged as Driver (contractual

         basis), therefore, he was rightly not awarded 25 marks even

         though he produced certificate from the Circle Office. The

         learned Single Judge has not considered such important aspect

         while passing the impugned order and therefore, the impugned

         order is liable to be set aside.
Patna High Court L.P.A No.491 of 2025 dt.18-02-2026
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                          4. However, the learned counsel appearing for the

         respondent-Vinay Kumar contended that a counter affidavit has

         been filed in the present Letters Patent Appeal by the respondent

         and a photocopy of Memo No. 14946 dated 19.09.2024 has

         been brought on record as Anneuxre R/1 which clearly shows

         that in compliance with the impugned order dated 01.05.2024

         passed by the learned Single Judge, the Deputy Secretary to the

         Government of the General Administration Department has

         already issued a letter addressed to the Secretary, Bihar Staff

         Selection Commission, Patna (Appellants) contained in Memo

         No. 14946 dated 19.09.2024 whereby and whereunder he

         directed/requested to the Secretary, Bihar Staff Selection

         Commission, Patna to consider the case of the respondent for

         grant of weightage as daily wager driver and also requested to

         recommend for appointment of the respondent to the concerned

         District Magistrate.

                          5. It would be relevant to observe that the

         Commission is only a recruiting agency facilitating the

         recruitment process and the requisitioning authority is the State,

         who is the ultimate employer. Once a decision has been taken to

         extend weightage a daily wager driver to the petitioner in view

         of the order of the learned Single Judge, the recruiting agency is
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         bound to follow or get a clarification from the State.

                          6. This Court also finds that the afore noted letter

         was addressed to the Commission on 19.09.2024 itself much

         prior to filing of the LPA on 28.04.2025 but this fact has also not

         been disclosed and has been brought by the writ petitioner in his

         counter affidavit. It is expected that parties must disclose all the

         relevant facts to uphold fairness.

                          In the case of Tomorrowland Limited Vrs.

         Housing & Urban Development Corporation Limited &

         Another in (2025) 4 Supreme Court Cases 19, it has been held

         as follows:

                          “56. It needs no emphasis that whosoever comes to
                          the court claiming equity, must come with clean
                          hands. The expression “clean hands” connotes that
                          the suitor or the defendant have not concealed
                          material facts from the court and there is no
                          attempt by them to secure illegitimate gains. Any
                          contrary conduct must warrant turning down relief
                          to such a party, owing to it not acting in good faith
                          and beguiling the court with a view to secure
                          undue gain. A court of law cannot be the abettor of
                          inequity by siding with the party approaching it
                          with unclean hands. This also brings to mind the
                          oft-quoted legal maxim—he who seeks equity must
                          do equity.”

                          7. Furthermore, the aforesaid letter is not under

         challenge. Since the impugned order passed by the learned

         Single Judge has already been acted upon and Annexure R/1 has
             Patna High Court L.P.A No.491 of 2025 dt.18-02-2026
                                                          7/7




                      already been issued, which is appended to the counter affidavit

                      filed on behalf of respondent no. 1, we are not inclined to

                      interfere with the order of the learned Single Judge.

                                       Accordingly, the Letters Patent Appeal stands

                      dismissed.




                                            (Sangam Kumar Sahoo, CJ)


                                                   ( Harish Kumar, J)
Anjani/-
AFR/NAFR                N/A
CAV DATE                N/A
Uploading Date            21.02.2026
Transmission Date       N/A


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