IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9223 of 2022 ======================================================

Naveen Prakash, Son of Sri Nagdeo Rajak, Resident of Qr. No. C/12, Doordarshan Colony, Sikandarpur, P.S.- Mithanpura, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Principal Secretary, Road Construction Department, Bihar, Patna.

3. The Secretary, Planning and Development Department, Bihar, Patna.

4. Bihar Public Service Commission Patna through its Chairman.

5. The Chairman, Bihar Public Service Commission, Patna. 6. The Secretary, Bihar Public Service Commission, Patna.

7. Miss. Jyoti Kumari, Daughter of Shri Chhatthu Lal, Resident of House No.

5, Road No. 9B, Indrapuri, P.O.- Keshri Nagar, P.S.- Patliputra, District-

Patna, PIN- 800024. ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Harshvardhan Shivsundaram, Advocate For the BPSC : Mr.Sanjay Pandey, Advocate : Mr.Nishant Kumar Jha, Advocate : Mr.Prabhakar Pahepuri, Advocate For the Respondent/s : Mr.Uday Shankar Sharan Singh, GP-19 : Mr.R.K.Chandram, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 10-02-2026 Heard learned counsel for the parties.

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

“(i) To quash the part of final result dated 14.07.2021 of the examination conducted by the respondent BPSC for appointment against the post of Assistant Engineer (Civil) in different works departments of the Government of Bihar pursuant to advertisement no. 02/2017 by which candidature of the petitioner has illegally been cancelled on erroneous ground that the date of passing the degree examination of the petitioner is subsequent to the last date of submission of application forms.

(ii) To direct the respondent BPSC to publish result of the petitioner placing him at appropriate place in the merit list under SC category.

(iii) To direct the respondent State to appoint the petitioner against the post of Assistant Engineer (Civil).

(iv) To grant any other relief or reliefs to which the petitioner is entitled for.”

3. The brief facts of the case is that the petitioner was a student of Bachelor of Engineering (Civil) in Dayanand Sagar College of Engineering, Bangalore under Visvesvaraya Technological University, Belagavi, Karnataka for the academic session 2013-17 and he passed the final examination of the last semester in July, 2017. A certificate to that effect was issued by the institution concerned on 06.08.2017 wherein it has been mentioned that the said certificate has been issued in favour of the petitioner for completing Bachelor of Engineering (Civil).

4. An advertisement was published on 09.11.2017 vide Advertisement No. 02/2017 by the Bihar Public Service Commission (hereinafter referred to as the BPSC) inviting application from the eligible candidates for selection and appointment against 1237 sanctioned vacant post of Assistant Engineer (Civil) in different works department of the Government of Bihar and the last date for submission of application form was 06.12.2017. The petitioner submitted his application in prescribed proforma along with all the requisite documents and the certificate issued by the concerned college.

5. On being found eligible, the respondent-BPSC issued admit card to the petitioner and on the basis of the same he appeared in the preliminary test. After having been declared successful in the preliminary test, the petitioner was issued admit card to appear in the main (written) examination which was to be held from 27.03.2019 to 31.03.2019. The petitioner appeared in the said written examination and was declared successful. Thereafter, petitioner was called for interview which was scheduled to be held on 10.04.2021. The petitioner appeared in the interview and got verified all the o