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2026 Supreme(Online)(Pat) 452

PATNA HIGH COURT
Prithviraj – Appellant
Versus
The Bihar Staff Selection Commission – Respondent
CWJC-5986/2024



IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5986 of 2024 ======================================================

1. Prithviraj Son of Mr. Yogi Paswan Resident of Village Purani Bazar Sangat ward no. -05, Bakhtiyarpur, Patna.

2. Deepak Kumar, Son of Madan Lal Vishwakarma, Resident of Village-

Bikram, Block Road, Bikram, Patna.

3. Ankit Anand, Son of Karjesh Prasad, resident of Vill.- Sarayapar, P.O.-

Paithana, Islampur Nalanda.

4. Sudhir Kumar, Son of Chandra Shekher Kumar Resident of village Samada, P.O.- Dahiya Patna.

... ... Petitioner/s Versus

1. The Bihar Staff Selection Commission through its Secretary, Govt. of Bihar, Veterinary College, Patna.

2. The Chairman, Bihar Staff Selection Commission, Govt. of Bihar, Veterinary College, Patna.

3. The Secretary, Bihar Staff Selection Commission, Govt. of Bihar, Veterinary College, Patna.

4. The State of Bihar, through Additional Chief Secretary, General Administration Department, Govt. of Bihar, Patna.

5. The Additional Chief Secretary, General Administration Department, Govt.

of Bihar, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Ms. Alka Verma, Advocate Ms. Akanksha Kumari, Advocate Mr. Pawan Kumar, Advocate For the Respondent/s : Mr. Government Pleader 17 For the BSSC : Md. Aslam Ansari, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 09-02-2026 Heard learned Counsel for the petitioners, learned Counsel for the Bihar Staff Selection Commission and learned Counsel for the State.

2. The present writ petition has been filed for the following reliefs:-

“(a). To direct the respondents to appoint the petitioners against the vacant available 177 post for which they are eligible after verification of documents and to declare cancelling the candidature of the petitioners for appearing in the counseling against the advertisement по. 06060114 as contained in Annexure- 2 to be malafide, arbitrary, illegal and bad in law.

(b). For commanding respondents Bihar Staff Selection Commission, Patna and its authority to select the petitioners after verification of documents of the petitioners against the advertisement no. 06060114 as the petitioner have been declared innocent after submission of final form in relation to FIR bearing Hawaiadda P.S case no 352 / 2021.

(c). To hold and declare any appointment is made during pendency of the writ application then such appointment against vacancy for which the petitioners had applied for is illegal, arbitrary malafide and in complete violation of Articles 14 and 16 of the constitution of India.

(d). Also commanding the respondents to consider the case of the petitioner for appointment on the basis of merit cum preference against advertisement no. 06060114 and give other consequential services benefits from the date from which the candidates having lesser marks than the petitioners categories are appointed during pendency of this application.

(e). Also for necessary relief order/direction for which the petitioners are entitled in the eye of law as well as on facts of the case.”

3. Learned Counsel for the petitioners submits that petitioners are intermediate from the recognized institution. They have appeared in the advertisement No.06060114. Counsel submits that there were different posts published in the said advertisement. The petitioners fulfill all eligibility criteria for appointment against Group-A and Group-B post as per the advertisement. Upon filling the form petitioners were issued admit card to appear in the P.T. examination. Their result was published. They have been declared pass in the P.T examination. Admit card regarding main examination was also issued. The petitioners appeared in the Main examination and were declared successful. Counsel submits that when they appeared for counseling, then they have restrained on the ground that their Biometric verification report are not correc

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