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2026 Supreme(Online)(Pat) 12330

IN THE HIGH COURT OF JUDICATURE AT PATNA


Letters Patent Appeal No.595 of 2025

In

Civil Writ Jurisdiction Case No.18284 of 2024


Hari Shankar Kumar, Son of Ram Naresh Sharma, Resident of Village/Mohalla Narma, P.S. Hathauri, District- Muzaffarpur.... ... Appellant

Versus

1. Bihar State University Service Commission, 8th Floor, Bihar School Examination Board, Academic Building, Buddha Marg Patna - 800001 through its Secretary.

2. The Secretary, Bihar State University Service Commission, 8th Floor, Bihar School Examination Board, Academic Building, Buddha Marg, Patna -800001.

3. Jay Prakash University, Rahul Sanksritayan Nagar, Chapra through its Registrar.

4. The Vice Chancellor, Jay Prakash University, Rahul Sanskritayan Nagar, Chapra.

5. The Registrar, Jay Prakash University, Rahul Sanksritayan Nagar, Chapra.

6. Anil Kumar Son of Jhulan Singh, Resident of Village - Mohalla - Rampur Noornagar, P.O. Kanhi, P.S. - Jalalpur, District- Saran.

7. Vidya Nand Ram Son of Gauri Ram, Resident of Village/Mohalla - Bargaon, P.O. Bargaon, P.S. - Mairwa, District - Siwan.... ... Respondents


Appearance :

For the Appellant/s : Mr. P.N. Shahi, Sr. Advocate

Mr. Amit Anand, Advocate

For the J.P. Unv. : Mr. Bindhyachal Rai, Advocate

Mr. Chandan Kumar, Advocate

For the B.S.U.S.C. : Mr. Tuhin Shankar, Advocate


CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE HARISH KUMAR


Date : 13-03-2026


(Harish Kumar, J)


Sangam Kumar Sahoo, CJ: I agree.


(Sangam Kumar Sahoo, CJ)


rohit/-

AFR/NAFR NAFR

CAV DATE 25.02.2026

Uploading Date 13-03-2026

Transmission Date

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE HARISH KUMAR)

Heard the learned counsel appearing for the respective parties.

2. The challenge in the present intra-court appeal is made to an order/judgment dated 21.03.2025 passed by the learned Single Judge in C.W.J.C. No.18284 of 2024, whereby the learned Court, having found no merit in the writ petition, dismissed the same.

3. The brief facts leading to the filing of the present appeal are that the petitioner, along with other eligible candidates submitted their applications for appointment to the post of Assistant Professor in the subject of History, pursuant to Advertisement No.AP-HIST-08/20-21. A corrigendum to the said advertisement was subsequently issued by the Commission on 02.12.2020, extending the last date for submission of online applications through the Commission’s web portal up to 10.12.2020 and for receipt of the downloaded hard copy of the online application, along with photocopies of all requisite documents and degree certificates, up to 30.12.2020 till 5:00 PM. The petitioner, along with others, duly submitted their online application form, uploaded all necessary documents, and thereafter dispatched the hard copy of the application along with the uploaded documents through speed post within the stipulated time.

4. Upon scrutiny of the applications, the Commission issued a public notice dated 14.10.2024, duly uploaded on its official website, informing candidates about deficiencies found in certain applications and granting them an opportunity to rectify the same within the prescribed period. The petitioner’s application was rejected on the ground that the five-point Ph.D. certificate submitted by him had not been issued by the competent authority.

5. Aggrieved by the said decision, the petitioner (appellant herein) along with two other candidates filed a writ petition bearing C.W.J.C. No.18284 of 2024 seeking quashing of the Commission’s decision whereby their applications had been rejected.

6. So far as petitioner no.3 (Vidya Nand Ram) in C.W.J.C. No.18284 of 2024 is concerned, he had submitted the five-point Ph.D. certificate issued by the Dean of the concerned University, which was found to be in conformity with Advertisement No. AP-HIST-08/20-21. Consequently, he was issued an interview letter, participated in the selection process, and his grievance stood redressed.

7. However, petitioner no. 1, Hari Shankar Kumar (the appellant herein), and petitioner no. 2, Anil Kumar, contended before the learned Single Judge that in terms of Clause 4.1(ii) of the advertisement, a candidate seeking consideration for his/her appointment to the post of Assistant Professor (History) was required to submit a five-point Ph.D. certificate duly signed by the Registrar/Dean of the concerned University on or before 10.12.2020. They asserted that they had submitted their five- point Ph.D. certificates prior to the cut-off date; however, their candidature was rejected solely on the ground that the certificates had been issued under the signature of the Vice-Chancellor of the University.

8. Notwithstanding the public notice informing the candidate(s) to make necessary correction, petitioner nos. 1 (appellant) and 2, in C.W.J.C. No.18284 of 2024, were not permitted to submit fresh five-point Ph.D. certificates duly signed by the Registrar, even though the certificates issued by the Vice-Chancellor were not accepted as being in compliance with the advertisement.

9. Moreover, petitioners no.1 and 2 (in C.W.J.C.No.18284 of 2024), upon coming to know of the rejection of their applications, immediately approached the University and obtained five-point Ph.D. certificates duly signed by the Registrar, which they submitted before the respondent- Commission. Hence, there was no substantive deficiency in their qualifications; nevertheless, they were not allowed to participate in the interview process.

10. The non-consideration of five-point Ph.D.certificates of petitioners no. 1 and 2 (in C.W.J

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