IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8881 of 2025 ======================================================

Sudhir Kumar & Ors.

... ... Petitioner/s Versus The State of Bihar & Ors.

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

Appearance :

For the Petitioner/s : Mr. Shiv Pratap, Advocate For the Respondent/s : Mr. Advocate General For the BTSC : Mr. Nikesh Kumar, Advocate Mr. Akshansh Shankar, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

3 24-02-2026 The petitioners have filed this writ petition seeking following reliefs :-

(I) For issuance of an appropriate writ or order or direction in the nature of CERTIORARI declaring Rule 6(1) of the Bihar Lab Technician Cadre rules, 2014 as amended by the “Bihar Lab Technician Cadre (Amendment) Rules, 2019” (Annexure P/4) being ultra vires Article 14 & 16 of the Constitution of India and bad in law, arbitrary, beyond jurisdiction". The said amended 'Rule' has excluded the petitioners, who have obtained their Intermediate Certificate (I.Sc.) having 'Medical Lab Tech' as one of their subject, from participating into competition for employment to the post of "Lab Technicians" pursuant Advertisement No. 02/2025 dated to the 03.03.2025 (Annexure P/5). The said 'Rule' introduced by the Respondent State is arbitrary, perverse and violation of Article 14 and 16 of the Constitution of India.

(II) For issuance of an appropriate writ or order or direction in the nature of CERTIORARI quashing and setting aside the Advertisement No.- 02/2025 (Annexure P/5) issued under the signature of the Respondent No.-5 whereby and whereunder vide said advertisement application has been invited to fill 2969 post of Lab Technicians in the health department of the Government Bihar as same is against the mandate of Lab Technician Rules 2014 notified on

13.02.2014 (Annexure P/1).

(III) That, this Hon'ble Court may kindly be pleased to call the entire record of minutes and proceedings leading to passing of the impugned amendment issued vide;

(IV) To issue any other suitable writ, order or direction in the facts and circumstances of the case which this Hon'ble Court may deem fit and proper.”

2. At the outset, the learned counsel for the petitioners submitted that similar matter is pending before the Hon’ble Supreme Court in SLP(C) No. 003412-003414 of 2024 and it is posted today and therefore the matter may be adjourned.

3. The learned counsel has produced the copy of the order dated 16.12.2025 passed in the aforesaid case alongwith the status report.

4. The same is taken on record.

5. The matter is adjourned till 23.03.2026.

(Sangam Kumar Sahoo, CJ)

(Harish Kumar, J)

supratim/-

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