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2026 Supreme(Online)(Pat) 3430

PATNA HIGH COURT
Mr. Partha Sarthy, J
Randhir Kumar – Appellant
Versus
The State of Bihar through the Chief Secretary, Government of Bihar – Respondent
Civil Writ Jurisdiction Case No.20636 of 2025



Advocates:
For the Appellants/Petitioners:Mr. Navin Kumar, Advocate, Mr. Rakesh Kumar Jha, Advocate
For the Respondents:Mr. S.Raza Ahmad, AAG-5, Mr. Vishwambhar Prasad, AC to AAG-5, Mr. Nikesh Kumar, Advocate

Court directed the Secretary, Bihar Technical Service Commission to decide pending representations for experience marks within a stipulated timeframe.

Headnote:This judgment pertains to a writ application seeking a mandamus for the grant of experience marks in recruitment of Civil Junior Engineer as per qualifications stipulated in the advertisement. The petitioners asserted the pending status of their representations before the Bihar Technical Service Commission. The court directed the petitioners to submit a fresh representation for consideration, stipulating a timeline for a decision by the Commission and clarifying that it did not adjudicate on the merits of the case. The verdict states that the application stands disposed of with observations directing necessary action.

Table of Content
1. application for mandamus regarding marks. (Para 3)
2. court directed timely decision on representation. (Para 4 , 5 , 6)
3. writ application disposed of with observations. (Para 7)

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 29-01-2026 Heard learned counsel for the petitioners, learned counsel for the State of Bihar and learned counsel for the Bihar Technical Service Commission.

2. The petitioners have filed the instant application for the following relief(s):

“That, by this writ application in the nature of mandamus the petitioners indulgence before this Hon'ble Court to direct respondents for giving benefit of experience marks to the petitioners in recruitment of Civil Junior Engineer published by Government of Bihar, where minimum qualification is same (Diploma in Civil Engineering). And also direct specially respondent no. 8 to consider petitioner's representation (A P/6 & P/7) for benefit of experience marks in upcoming recruitment.”

3. It is submitted by learned counsel for the petitioners that the representations filed by the petitioners and brought on record as Annexures P/6 and P/7 to the instant writ application have not been decided and the same continue to remain pending before the Secretary, Bihar Technical Service Commission (respondent no.8). It is submitted that direction be given to the respondent no.8 to decide the same at the earliest.

4. Having heard learned counsel for the parties and having perused the contents of the petition, the instant application is disposed of directing the petitioners to file a fresh representation before the respondent no.8 ie the Secretary, Bihar Technical Service Commission within a period of two weeks.

5. In case such a representation is filed along with a copy of this order, the Secretary, Bihar Technical Service Commission (respondent no.8) shall decide the same in accordance with law within a period of six weeks from the date of its filing and communicate the result thereof to the petitioners within the said period.

6. It is made clear that the Court has not entered into the merits of the case of the petitioners which is to be decided by the respondent concerned.

7. The writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J)

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