IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19606 of 2016 ====================================================== 1. Anjani Kant Pandey, son of Buchun Bihari Pandey Resident of Village - Tetradh, P.S. - Akorhi Gola, District - Rohtas. 2. Shankar Pandey S/o Bhagwan Pandey Resident of Village 658 S.K.Nagar, Rishra Hoogly, 712249, W.B. India. 3. Vinay Tiwari S/o Ramamuni Tiwari Resident of Village - Karmaini, P.O. - Bhilari, P.S. - Natwar, District - Rohtas. 4. Sunil Kumar Tiwari S/o Ramamuni Tiwari Resident of Village - Karmaini, P.O. - Bhilari, P.S. - Natwar, District - Rohtas. 5. Anjeev Kumar Tiwary S/o Janeshwar Tiwary Resident of Village - Karmaini, P.O. - Bhilari, P.S. - Natwar, District - Rohtas. 6. Jay Prakash Pandey S/o Dhanraj Pandey resident of village - Dhanchhua, P.O. - Mohanpur, P.S. - Karakat, District - Rohtas. ... ... Petitioner/s Versus 1. The State of Bihar 2. Bihar Administrative Reform Mission Society, General Administration Department, Govt. of Bihar, Pat 3. District Collector Rohtas at Sasaram. 4. District Agriculture Officer, Rohtas, Sasaram. 5. Treasury Officer, Rohtas at Sasaram. 6. Treasury Officer, Dihri, Rohtas. 7. District Supply Officer, Rohtas at Sasaram. 8. District Public Service Koshang, Sasaram, Rohtas. 9. Block Agriculture Officer, Rajpur, Rohtas. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Nandan Sahay For the Respondent/s : Mr.Sheoshankar Prasad-Sc8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL JUDGMENT Date : 18-08-2026 Heard the parties. 2. The present writ petition has been filed for the following reliefs:- Patna High Court CWJC No.19606 of 2016 dt.18-08-2026 2/6 “A. For issuance of an appropriate writ and /or writs in the nature of certiorari to quash the impugned office order contained in Order No. 23 and 24 dated 06.07.2016 contained in Annexure-11 and 12 respectively, issued under the signature of the Collector Rohtas, whereby the petitioner no.1 has been placed under termination and the petitioners no.2 to 6 have been expelled from the panel awaiting for their posting as Assistant Executive in District Rohtas in different departments. B. For issuance of the writ in the nature of Mandamus directing and commanding the respondents in particular respondent no.3 to provide and make to proper arrangement for the giving an opportunity to the petitioners for their eligibility test (M.S. Computer Operation Test) as the petitioner no. 1 could not appear in the same because of his illness and the rest petitioners 2 to 6 had no information about the date fixed suddenly for the test.” 3. The learned counsel for the petitioners submits that pursuant to an advertisement dated 04.03.2015 for selection on the post of Assistant Executive for all the departments in the district of Sasaram, the date of examination was fixed in between 08.06.2015 to 09.07.2015. Altogether 7888 candidates appeared in the test, out of which 133 persons were found suitable for being appointed on contractual basis for a period of one year. Merit list was prepared on 11.07.2015 and out of 133 candidates, who were found to have passed the written examination, 87 candidates were Patna High Court CWJC No.19606 of 2016 dt.18-08-2026 3/6 appointed/selected in the first round and the remaining 46 candidates were kept in the waiting list. The name of petitioner no.1 was mentioned at serial no. 20 and the name of petitioner nos. 2 to 6 were mentioned at serial nos. 24, 26, 32, 28 and 31 respectively. In the first phase, joining letter was issued to the petitioner no.1 only. The petitioner no.1 gave his joining in the office of Agricultural Department and he started performing his duties on 07.09.2015. Again, an advertisement was issued on 21.03.2016, wherein it was mentioned that all the candidates, who were in the merit list, whether joined or not are required to appear in the eligibility test and the date was fixed on 28.03.2016 for the candidates at serial nos. 1 to 19 and for the remaining candidates i.e. candidates at serial nos. 20 to 35, who were in the merit list, the date was fixed on 29.03.2016. On the said date, none of the candidates could appear in the test and therefore new dates were fixed on 08.04.2016 and 09.04.2016. On the said dates also, many candidates did not appear and therefore the next date was fixed on 04.05.2016 and it was decided that the examination will be conducted in a batch of 10 candidates. 4. The learned counsel appearing on behalf of the petitioners further submits that most of the candidates, who did not appear for the test on 08.04.2016, requested for conducting the test Patna High Court CWJC No.19606 of 2016 dt.18-08-2026 4/6 again and therefore the examination was conducted on 04.05.2016. On the said date, the petitioners could not appear in the examination. The petitioner no.1 was suffering from illness and therefore he could not appear in the examination and so far petitioner nos. 2 to 6 are concerned, it is their case that they did not get any information with regard to the dates fixed for examination. Accordingly, the petitioners have filed the present writ petition with a prayer to quash the office order contained in Letter No. 23 and 24 dated 06.07.2016, whereby the petitioner no.1 has been terminated and the petitioner nos. 2 to 6 have been expelled/removed from the panel. 5. The learned counsel for the petitioners submits that since the petitioner no.1 was to appear in the eligibility test (M.S. Computer Operation Test), however he did not appear on the dates fixed for test, therefore, he was terminated. He submits that so far, the petitioner nos. 2 to 6 are concerned, they did not appear on the dates fixed for the eligibility test for the M.S. Computer Operation Test, therefore, they were not empanelled. He submits that this Court may direct the respondents to conduct a fresh test for accommodating the petitioner nos. 1 to 6 and give them opportunity, so that they can again be appointed. Patna High Court CWJC No.19606 of 2016 dt.18-08-2026 5/6 6. The learned counsel for the State, while opposing the prayer of the petitioners, submits that several opportunities were granted to the petitioners and others to take part in the eligibility test, however, the petitioners did not appear in the test, for the reasons best known to them. After publication of the result, panel was prepared and persons have been appointed and now, this Court should not allow the prayers made in the writ petition for holding special test for the petitioners. 7. Having considered the rival submissions and after going through the records, it appears that a panel was prepared, in which the petitioner no.1 got qualified and was appointed. So far, the petitioner nos. 2 to 6 are concerned, they were kept in the waiting list. A decision was taken at the level of the respondent authorities to conduct eligibility test (M.S. Computer Operation Test) for all the candidates, whether they had qualified and given their joining or were in the waiting list. Date was fixed, however none appeared and subsequently another date was fixed. On the request made by the concerned candidates the date was again fixed for 04.05.2016. None of the petitioners participated on any of the dates and, since they did not obtain the qualification of passing the M.S. Computer Operation Test, the services of petitioner no.1 was Patna High Court CWJC No.19606 of 2016 dt.18-08-2026 6/6 terminated and the petitioner nos. 2 to 6 were removed from the panel. 8. In the considered opinion of this Court, since the petitioners did not appear in the eligibility test, despite several opportunities granted by the respondent authorities, now, at this juncture, this Court cannot direct the respondents to conduct fresh test for the petitioners. 9. Accordingly, this Court finds no merit in the writ petition and the same is dismissed. AjayMishra/- (Ritesh Kumar, J) AFR/NAFR CAV DATE NA Uploading Date 19.08.2026 Transmission Date NA