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2026 Supreme(Online)(Pat) 13418
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1879 of 2017
Sweta Sinha Daughter of Bhupendra Narain Sinha, Resident of Mohalla-Nakki Nagar, Kayath Tola, P.O. and P.S.- Jamalpur, District- Munger.... ... Petitioner/s
Versus
1. The District and Sessions Judge, Madhubani
2. The Judge Incharge Administration, Civil Court, Madhubani.
3. Sri Sachin Kumar Chouhdary Bearing Roll No. 2375, Presently Working as Peon, Civil Court, Madhubani
4. Sri Rishi Kumar Jha bearing Roll No. 1978, Presently Working as Peon, Civil Court, Madhubani.
5. Sri Binay Tiwary bearing Roll No. 1601767, Presently Working as Peon, Civil Court, Madhubani,
6. Miss/Mrs. Nisha Verma bearing Roll No. 1200330, Presently Working as Peon, Civil Court, Madhubani.
7. Sri Shailesh Kumar Singh bearing Roll No. 1601486, Presently Working as Peon, Civil Court, Madhubani.
8. Md. Miraj Khan bearing Roll No. 3679, Presently Working as Peon, Civil Court, Madhubani.
9. Sri Pankaj Kumar Srivastava bearing Roll No. 1050, Presently Working as Peon, Civil Court, Madhubani.
10. Sri Manoranjan Kumar bearing Roll No. 1200483, Presently Working as Peon, Civil Court, Madhubani.
11. Sri Mirtunjay Kumar bearing Roll No. 2100870, Presently Working as Peon, Civil Court, Madhubani.
12. Sri Deepak Kumar Jha bearing Roll No. 2301548, Presently Working as Peon, Civil Court, Madhubani.
13. Sri Raushan Kumar Singh bearing Roll No. 1200059, Presently Working as Peon, Civil Court, Madhubani.
14. Sri Rahul Kumar Mishra bearing Roll No. 1012, Presently Working as Peon, Civil Court, Madhubani.
15. Sri Saurav Kumar Jha bearing Roll No. 4560, Presently Working as Peon, Civil Court, Madhubani.
16. Sri Vishwendra Pratap Singh bearing Roll No. 1201731, Presently Working as Peon, Civil Court, Madhubani.
17. Sri Anand Bihari bearing Roll No.- 89, Presently Working as Peon, Civil Court, Madhubani.
18. Sri Jitendra Kumar Jha bearing Roll No. 1502269, Presently Working as Peon, Civil Court, Madhubani.
19. Sri Amit Narayan Jha bearing Roll No. 4595, Presently Working as Peon, Civil Court, Madhubani.
20. Sri Partik Kumar Upadhyay bearing Roll No. 1301739, Presently Working as Peon, Civil Court, Madhubani.
21. Sri Mohit Kumar Pathak bearing Roll No. 6747, Presently Working as Peon, Civil Court, Madhubani.
22. Sri Azaz Ahmed bearing Roll No. 1203270, Presently Working as Peon, Civil Court, Madhubani.
23. Miss/Mrs. Pallavi Kumari bearing Roll No.- 2201400, Presently Working as Peon, Civil Court, Madhubani.
24. Sri Ajay Kumar Jha bearing Roll No.- 2920, Presently Working as Peon, Civil Court, Madhubani.
25. Sri Rajni Kant Jha bearing Roll No. 2302, Presently Working as Peon, Civil Court, Madhubani.
26. Sri Harsh Kumar bearing Roll No. 1300102, Presently Working as Peon, Civil Court, Madhubani.
27. Sri Krishnakant Sahai bearing Roll No. 1301559, Presently Working as Peon, Civil Court, Madhubani.
28. Sri Vijay Kumar bearing Roll No. 949, Presently Working as Peon, Civil Court, Madhubani.
29. Sri Anil Kumar Mishra bearing Roll No. 1300163, Presently Working as Peon, Civil Court, Madhubani.
30. Sri Samir Ranjan bearing Roll No. 1203457, Presently Working as Peon, Civil Court, Madhubani.
31. Sri Satendra Kumar Mishra bearing Roll No. 654, Presently Working as Peon, Civil Court, Madhubani.
32. Sri Kundan Kumar Mishra bearing Roll No. 1401048, Presently Working as Peon, Civil Court, Madhubani.
33. Sri Ajit Kumar bearing Roll No. 1202312, Presently Working as Peon, Civil Court, Madhubani.
34. Sri Prabhat Kumar Jha bearing Roll No. 4082, Presently Working as Peon, Civil Court, Madhubani.
35. Sri Sandeep Kumar bearing Roll No. 1200673, Presently Working as Peon, Civil Court, Madhubani.
36. Sri Atma Nand Kumar Singh bearing Roll No. 1201680, Presently Working as Peon, Civil Court, Madhubani.
37. Sri Fulkan Ahmed bearing Roll No. 7668, Presently Working as Peon, Civil Court, Madhubani.
38. Sri Indrajit Jha bearing Roll No. 3194, Presently Working as Peon, Civil Court, Madhubani.
39. Sri Shivendra Kumar Singh Roll No. 1901696 Presently Working as Peon Civil Court, Madhubani.
40. The Registrar General, Patna High Court, Patna.... ... Respondent/s
Appearance :
For the Petitioner/s : Mr. Dinu Kumar, Advocate
Ms. Ritika Rani, Advocate
Mr. Vardaan Mangalam, Advocate
Mr. Prashant Sinha, Advocate
For the Respondent/s : Mr. Piyush Lall, Advocate
For the Private Respondents: Mr. Birendra Kant Choudhary, Advocate
Mr. Baidya Nath Thakur, Advocate
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
Date: 17-03-2026
(Bibek Chaudhuri, J)
skm/-
AFR/NAFR NAFR
CAV DATE 26.02.2026
Uploading Date 17.03.2026
Transmission Date 17.03.2026
CAV JUDGMENT
1. The present writ petition has been filed by the petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India, questioning the legality and validity of the selection process undertaken for appointment to the posts of Class-IV employees (Peon) in the Judgeship at Madhubani pursuant to Employment Notice No. 01/2016.
2. The petitioner seeks quashing of the select list dated 29.11.2016 published by the authorities of the Madhubani Judgeship on the ground that the said selection was conducted in violation of the reservation policy of the State Government providing horizontal reservation for women candidates.
3. The petitioner further seeks a direction upon the respondent authorities to prepare a fresh select list by applying the reservation policy notified by the Government of Bihar through Resolution No. 963, dated 20.01.2016 and to consider the petitioner for appointment against the post in question.
4. The material facts giving rise to the present writ petition, as stated in the pleadings of the parties, are summarized hereunder.
5. In March 2016 the District and Sessions Judge, Madhubani issued Employment Notice No. 01/2016 inviting applications for appointment to 73 posts of Class IV employees (Peon) in the civil courts under the Madhubani Judgeship.
6. Prior to issuance of the said employment notice the Government of Bihar had issued Resolution No. 963 dated 20.01.2016 providing for 35 percent horizontal reservation for women candidates in all categories of direct recruitment in State services.
7. The petitioner claims to belong to the unreserved category and submitted her application for the said post pursuant to the aforesaid employment notice. Along with the application the petitioner also submitted experience certificates in support of her candidature.
8. Upon scrutiny of the applications the petitioner was issued Roll No. 1100543 and was called to appear in the interview held on 31.07.2016 for the purpose of selection.
9. The petitioner asserts that during the course of the interview she submitted a representation claiming the benefit of reservation available to dependents of freedom fighters on the ground that she is the granddaughter of Late Sukhdeo Lal, a recognized freedom fighter.
10. After completion of the selection process the respondent authorities published the list of selected candidates on 29.11.2016.
11. The grievance of the petitioner arises from the fact that while publishing the said select list the respondent authorities allegedly failed to implement the policy of 35 percent horizontal reservation for women candidates as introduced by the Government of Bihar through the Resolution dated 20.01.2016.
12. According to the petitioner, as many as 49 candidates were selected in the general category but no reservation for women candidates in the unreserved category was provided.
13. The petitioner contends that such failure to implement the reservation policy deprived her of a fair opportunity of selection.
14. Being aggrieved by the publication of the select list dated 29.11.2016 the petitioner approached this Court by filing the present writ petition on 04.02.2017 seeking appropriate relief.
15. During the pendency of the writ proceedings the Court passed an interim order directing that the recruitment process pursuant to the impugned select list shall remain stayed.
16. A counter affidavit has been filed on behalf of respondent nos. 1 and 2 wherein the claim of the petitioner has been opposed.
17. The Learned Counsel for the respondents contend that the recruitment process in question was conducted strictly in accordance with the Bihar Civil Court Staff (Class III and Class IV) Rules, 2009 which governed the field at the relevant point of time.
18. It has been stated that the Bihar Civil Court Staff Rules, 2017 came in
