Patna High Court
Dr. Vivek KumarversusThat Bihar State University Service Commission
- Decided
- Disposal
- DISMISSED
Holding
The appeal is dismissed because the petitioner failed to implead the selected candidates and the writ petition was filed after the result, rendering the relief untenable.
Summary
Dr. Vivek Kumar filed a writ petition seeking appointment as Assistant Professor of English, claiming denial of teaching experience marks because his certificate lacked a stamp mohar. The Bihar State University Service Commission argued that the selection process had concluded and the result was published on 8 March 2025. The Single Judge dismissed the petition, noting it was filed after the result and the petitioner had not impleaded the candidates who were selected. On appeal, the Court observed that the petitioner had not made any prior submission to implead those candidates and that filing the petition after the result without doing so was a procedural defect. Consequently, the Court found no illegality in the dismissal and upheld the order, dismissing the letters patent appeal.
Issues considered
- Whether a writ petition filed after the publication of selection results, without impleading the candidates selected, can be entertained and the relief granted.
- Whether the denial of teaching experience marks due to the absence of a stamp mohar on the certificate constitutes an illegal act warranting appointment.
Subjects
- appointment
- assistant professor
- teaching experience marks
- writ petition
- impleading parties
- procedural defect
- selection process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.640 of 2025
In
Civil Writ Jurisdiction Case No.6917 of 2025
======================================================
Dr. Vivek Kumar Son of Mr. Shailendra Kumar Singh, resident of Purbi
Kapasiya, Nagdah, P.O. and P.S. - Begusarai, District-Begusarai.
... ... Appellant/s
Versus
1. That Bihar State University Service Commission, 8th Floor, Bihar School
Examination Board Academic Building, Buddha Marg, Patna-800001,
through its Secretary.
2. The Chairman, Bihar State University Service Commission, 8th Floor, Bihar
School Examination Board Academic Building, Buddha Marg, Patna-
800001.
3. The Additional Chief Secretary, Education Department, Government of
Bihar, Vikash Bhawan, New Secretariat, Patna.
4. The Director, Higher Education Department, Government of Bihar, Vikash
Bhawan, New Secretariat, Patna.
5. GLA University, Mathura (U.P.) through its Registrar.
6. The Principal, University Polytechnic, GLA University, Mathura (U.P.).
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Mishra, Advocate
For the Respondent-BSUC: Mr. Anjani Kumar Sr. Advocate
Mr. Rohan Sinha, Advocate )
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 19-01-2026
This letters patent appeal has been filed by the
appellant, Dr. Vivek Kumar challenging the order dated
28.04.2025, passed by the learned Single Judge, in CWJC
Patna High Court L.P.A No.640 of 2025 dt.19-01-2026
2/4
No.6917 of 2025.
2. The writ petition was filed by the appellant with
the following prayers :-
"For commanding and directing the
Respondent Bihar State University Service
Commission (Respondents No. 1 & 2) to appoint the
petitioner on the post of Assistant Professor in the
subject English after awarding him the teaching
experience marks of four years i.e. 2 x 4=8 marks
which has illegally been denied to the petitioner due
to non-availability of stamp mohar on his said
teaching experience certificate even though said
teaching certificate of petitioner has legally and
validly been issued by the Pro-Vice Chancellor as
well as the Principal of University Polytechnic, GLA
University, Mathura for the period from 25th July,
2016 to 28th June, 2020, considering the strong &
bright academic background of the petitioner who
has done well in the interview held on 05.03.2025
after declaring him qualified/successful in all the
other round of the selection process".
3. The matter was taken on 28.04.2025. The learned
Single Judge, taking note of the submission made on behalf of
the Bihar State University Service Commission that the
selection process for the post of Assistant Professor English
pursuant to the advertisement dated 21.09.2020 has already
been concluded and the result has also been published on
Patna High Court L.P.A No.640 of 2025 dt.19-01-2026
3/4
08.03.2025, came to hold that since the writ petition has been
filed after publication of result on 24.03.2025, without
impleading any of the candidates selected for the post of
Assistant Professor English by the select list dated
08.03.2025, the relief sought for by the petitioner cannot be
granted, hence the writ petition was dismissed.
4. The learned counsel for the appellant submits
that he had orally made a prayer on 28.04.2025, when the
matter was taken up, to give some time for filing appropriate
application for impleading the necessary parties, who have
been selected for the post of Assistant Professor English by
select list dated 08.03.2025, but time was not granted and the
impugned order was passed.
5. We do not find anything from the records that
any such submission was made by the learned counsel for the
appellant before the learned Single Judge, when the writ petition
was filed after 16 days of the publication of the result,
nonetheless it was the duty on the part of the petitioner to
implead the successful candidates as opposite parties/respondents
in the writ petition and the same having not been done, we find
no illegality or perversity in the impugned order so as to be
interfered with in the limited scope of letters patent appeal.
Patna High Court L.P.A No.640 of 2025 dt.19-01-2026
4/4
Accordingly, the LPA stands dismissed.
6. It is open to the appellant to take recourse in
accordance with law.
(Sangam Kumar Sahoo, CJ)
(Mohit Kumar Shah, J)
kanchan/-
AFR/NAFR
CAV DATE NA
Uploading Date 20.01.2026
Transmission Date
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