IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17749 of 2023 ======================================================

Amit Kumar Son of Late Sriprakash Tripathi, Resident of New Model Public School, Bankipur Gorakh, Fatuha, P.S. - Fatuha, District - Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Learned Secretary, Law Department, Government of Bihar, Patna.

2. The Hon'ble Patna High Court of Judicature at Patna through the Learned Registrar General, Patna High Court, Patna.

3. The Learned District and Sessions Judge, Patna-cum-Convener, Coordination Committee, Patna.

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

Appearance :

For the Petitioner/s : Mr. Kumar Kaushik, Advocate For the State : Mr. Sita Ram Yadav ( Gp-16 )

Mr. Jitendra Kumar A.C. to G.P.16 ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

CAV JUDGMENT

Date : 26-02-2026 Heard the parties.

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

“i. For issuance of an order, direction or a writ of certiorari for directing the respondent authorities to consider the writ petitioner for appointment to the post of Clerk in the Sub- ordinate Courts within the State of Bihar against Employment Notice No. 01/2016 dated 07.02.2016 on vacancies arising due to non-joining in terms of the provisions contained in the Advertisement as well as Rule 7(13) and (14) of the Bihar Civil Court Staff (Class III and Class IV) Rules, 2009 (hereinafter referred to as ‘2009 Rules’) since the writ petitioner was at Serial No.22 in the waiting list of candidates prepared pursuant to the aforesaid employment notice which prescribed for filling up the non- joining vacancies by way of the panel prepared for selection.

ii. For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to extend all consequential benefits in favour of the petitioner after appointing them and allowing them to submit their joining against the post of Clerk in the subordinate courts within the State of Bihar against Employment Notice No.01/2016 dated

07.02.2016.”

3. The brief facts of the case are that an employment notice bearing no.01 of 2016 dated 07.02.2016 was published by the competent authority in the office of the Convener/Coordination Committee, Patna-cum-District & Sessions Judge, Patna, inviting applications from eligible candidates for preparation of panel of suitable candidates for appointment against 1681 tentative vacancies to the post of Clerk. The petitioner being eligible applied against the aforesaid employment notice and was issued admit card for appearing in the screening test which was to be conducted on 17.07.2016. The result of the screening test was published on 29.04.2017, wherein the petitioner was declared successful to participate in the written (Main) examination. The petitioner was issued admit card for appearing in the written/Main examination, which was to be conducted on 15.10.2017 in which he participated and the result of the same was declared on 16.12.2017. Altogether 4914 candidates were declared successful, including the petitioner and were allowed to participate in the interview.

4. It is further case of the petitioner that accordingly, he participated in the interview and on 26.09.2018, the final select list of 1681 candidates was published, for appointment on the post of Clerk in different Subordinate Courts, within the State of Bihar, but surprisingly the name of the petitioner did not figure in the list of 1681 candidates. It has been submitted by the Learned Counsel for the petitioner that the advertisement clearly prescribes that after selection test (both written test and viva voce) are over, on the basis of marks of both written and viva voce, a common panel shall be prepared by the Coordination Committee in order of merit for all the Judgeship in the State of Bihar and the panel shall remain valid for a period o