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Patna High Court

Niranjan Kumar NiralaversusThe State of Bihar through the Additional Chief Secretary,

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the dismissal of the writ petition and remanded the matter for consideration of any interlocutory application to implead the necessary party, without deciding the merits.

Summary

The petitioner, Niranjan Kumar Nirala, filed a writ petition seeking a mandamus directing the Bihar State University Service Commission to consider his appointment as Assistant Professor of Mathematics and to count his teaching experience from an affiliated college. The petition was filed after the selection result had been published and without challenging the result, and it failed to implead the candidate who was ultimately selected, a party the Commission argued was necessary. The Single Judge dismissed the petition and imposed a cost of Rs. 25,000, holding that the petition was filed in a casual manner and that a participant in the selection process cannot challenge the result thereafter. On appeal, the High Court acknowledged the procedural deficiency but noted that the petitioner intended to file an interlocutory application to implead the necessary party and that no merits had been decided. Consequently, the Court set aside the dismissal, remanded the matter to the Single Judge for consideration of any interlocutory application, and allowed the Letters Patent Appeal without expressing any view on the substantive merits.

Issues considered

  • Whether a writ petition filed after the publication of selection results, without assailing the result, is maintainable.
  • Whether the non-joinder of a necessary party (the selected candidate) defeats the petition.
  • Whether costs can be imposed for non-joinder of necessary parties.
  • Whether the appellate court can set aside a dismissal on procedural grounds and remand for interlocutory relief.

Subjects

  • appointment
  • assistant professor
  • teaching experience
  • mandamus
  • writ jurisdiction
  • non-joinder
  • cost
  • remand
  • selection process

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Letters Patent Appeal No.573 of 2025
                                                      In
                               Civil Writ Jurisdiction Case No.19251 of 2024
                 ======================================================
                 Niranjan Kumar Nirala Son of Late Janardan Mandal, Resident of Village -
                 Bhawanipur, P.S. - Singheshwar, District- Madhepura.

                                                                           ... ... Appellant/s
                                                  Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Education, Government of Bihar, Patna.
           2.    Additional Chief Secretary, Department of Education, Government of Bihar,
                 Patna.
           3.    Bihar State University Service Commission, 8th floor Bihar School
                 Examination Board Academic Building, Buddha Marg Patna - 01, through
                 its Secretary.
           4.    Chairman, Bihar State University, Service Commission, 8th floor Bihar
                 School Examination Board Academic Building, Buddha Marg, Patna.
           5.    Secretary, Bihar State University Service Commission, 8th floor Bihar
                 School Examination Board Academic Building, Buddha Marg, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Binodanand Mishra, Sr. Adv.
                                               Mr. Saumya Sinha, Adv.
                                               Mr. Gunjan Kumar Jha, Adv.
                 For the State          :      Mr. Anjani Kumar, AAG-4
                                               Mr. Deepak Sahay Jamual, AC to AAG-4
                 For the B.S.U.S.C.     :      Mr. Rakesh Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

6   22-04-2026                   This Letters Patent Appeal has been filed challenging

                   the order dated 08.04.2025, passed by the learned Single Judge

                   in C.W.J.C. No. 19251 of 2024, in dismissing the writ petition

                   as well as imposing cost of rupees twenty-five thousand on the

                   petitioner which was directed to be deposited with the legal aid
Patna High Court L.P.A No.573 of 2025(6) dt.22-04-2026
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          cell of the Patna High Court.

                       2. The petitioner filed the writ petition seeking for

          following reliefs:-

                                            “i. For issuance of an order, direction
                                            or writ including writ in the nature of
                                            Mandamus          commanding         the
                                            Respondents to consider the case of
                                            the Petitioner for appointment as
                                            Assistant Professor in 'Mathematics'
                                            in pursuance of advertisement No
                                            23/20-21 dated21/9/2020 issued by
                                            the Bihar State University Service
                                            Commission.
                                            ii. For issuance of an order, direction
                                            or writ including writ in Mandamus
                                            commanding the Respondents to count
                                            the period of teaching experience in
                                            the affiliated college (ALY College
                                            Triveniganj, Supaul) affiliated to
                                            B.N.Mandal University, Madhepura.
                                            iii. For issuance of an order, direction
                                            or writ including writ in the nature of
                                            Mandamus          commanding         the
                                            Respondents to recommend the name
                                            of the Petitioner as Assistant
                                            Professor after for appointment
                                            considering the entire teaching
                                            experience period of the Petitioner.
                                            iv. For issuance of an appropriate
                                            declaration holding that Petitioner is
                                            entitled for teaching experience marks
                                            for his teaching in the affiliated
                                            college as the teaching experience
                                            certificate has been duly signed by the
                                            Principal of the college and
                                            countersigned by the Registrar of the
                                            University.
Patna High Court L.P.A No.573 of 2025(6) dt.22-04-2026
                                             3/6




                                            v. For any other relief(s) to which the
                                            Petitioner may be found entitled in the
                                            facts and circumstances of the present
                                            case.”

                       3. When the writ petition was taken up for the first

          time for admission on 08.04.2025, a preliminary objection was

          raised by the learned Counsel appearing on behalf of the Bihar

          State University Service Commission (hereinafter referred to as

          “the Commission”) that result had already been published on

          26.07.2024 and the writ petition was filed on 27.11.2024, but

          the petitioner has not chosen to assail the result by which his

          candidature was not recommended, rather he had sought for a

          direction to the authorities to consider his case for appointment.

          It was also submitted on behalf of the Commission that when

          the result was not under challenge, the direction to the

          authorities as prayed for by the petitioner for appointment could

          not have been considered. It is further argued on behalf of the

          Commission before the learned Single Judge that the writ

          petition suffers from non-joinder of necessary party and if the

          writ petition is allowed, then the last person who was selected,

          will be adversely affected and, as such, the said candidate was a

          necessary party and in his absence, the writ application could

          not be adjudicated. It was further argued on behalf of the

          Commission that since the petitioner had participated in the
Patna High Court L.P.A No.573 of 2025(6) dt.22-04-2026
                                             4/6




          selection process, he could not have challenged the selection

          process after being declared unsuccessful.

                       4. After hearing the submission made by the parties,

          the learned Single Judge accepted the contention raised on

          behalf of the Commission and came to hold that the writ petition

          has been filed in a casual manner without assailing the result

          and without impleading the necessary party as respondent. The

          learned Judge further came to hold that the submission of the

          learned counsel for the Commission that, having participated in

          the selection process, the petitioner could not have challenged

          the selection process after being unsuccessful was correct.

                       5. Learned Senior Counsel appearing for the appellant

          argued that the imposition of the cost for non-joinder of

          necessary parties to the tune of rupees twenty five thousand was

          not justified and, even if the petitioner had not impleaded the

          necessary party as the respondent or assailed the result, he could

          have filed the interlocutory application for the same and

          therefore, it was not justified on the part of the learned Single

          Judge to dismiss the writ petition on the first day itself, holding

          that it was filed in a callous manner as well as imposing cost of

          rupees twenty-five thousand. It is further argued by the learned

          Senior Counsel that if the matter is remanded back to the
Patna High Court L.P.A No.573 of 2025(6) dt.22-04-2026
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          learned Single Judge, he will file an interlocutory application to

          implead the necessary party. It is further submitted that there are

          sufficient grounds for his success in the writ petition and if the

          matter is taken up on merit by the learned Single Judge, he can

          convince the learned Single Judge that the writ petition deserves

          to be allowed.

                       6. The learned Senior Counsel for the State and the

          learned Counsel for the Commission supported the impugned

          order and submitted that in view of the settled position of law

          that after participating in the selection process, the petitioner

          could not have challenged the selection process and that on

          account of non-joinder of necessary parties, the relief could not

          have been granted, the impugned order passed by the learned

          Single Judge suffers from no perversity and therefore, in

          exercise of the appellate jurisdiction, this Court should not

          interfere with the same.

                       7. After hearing the learned Counsel for the respective

          parties, even though we are satisfied that there was a

          requirement on the part of the appellant for impleading the

          necessary parties for the proper adjudication of the case, but

          since the learned Senior Counsel is intending to file an

          interlocutory application to add necessary party and the fact
             Patna High Court L.P.A No.573 of 2025(6) dt.22-04-2026
                                                          6/6




                       that no adjudication has been done on the merits of the writ

                       petition, we are inclined to accept the submission of the learned

                       Senior Counsel. Accordingly, we set aside the impugned order.

                                    8. The matter is remanded to the learned Single Judge

                       as per roster and in case any interlocutory application is filed by

                       the writ petitioner/appellant seeking leave to challenge the result

                       and impleading the necessary party, the same shall be

                       considered in accordance with law. It is made clear that we have

                       not expressed any opinion on the merits of the case.

                                    9. The Letters Patent Appeal stands allowed.



                                            (Sangam Kumar Sahoo, CJ)


                                                    (Harish Kumar, J)
supratim/-

U


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