Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 13735 (PAT)

Same Akhter v. The State of Bihar

C. REV./35/2026 · 2026-05-01

Bibek Chaudhuri

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.35 of 2026 In Civil Writ Jurisdiction Case No.12606 of 2025 ====================================================== 1. Same Akhter Son of Salahuddin, Resident of Ward No. 5, Araria RS, P.S. - Araria RS, District - Araria, Bihar. 2. Mohammad Mahmood Quraishi son of Mohammad Farooque Quraishi, resident of Nahar Road behind THN School, New Azimabad Colony, Mahendru, Patna, Bihar-800006. 3. Md Meraj Alam son of Zahidur Rahman, resident of Karbala Singhari, Gobindpur, Khatiapichhia, Panchayat Udgara, Ward No-04, VTC-Pothia, P.o-Poth Rs, Dist-Kishanganj, Bihar-855117. 4. Mohammad Quamruzzama son of Mohammad Isateyak Ahmad, Resident of Raghunathpur Donwan, VTC-Donwan, P.o-Dholl, Sub dist-Sakra, Dist- Muzaffarpur, Bihar-843105. 5. Mohammad Sagher Alim Son of Mohammad Khali Reza, Resident of VTCSinghia, P.o-Kanharia, Dist-Purnea, Bihar-854315. 6. Md. Faiyaz Ansari Son of Abdul Aziz, Resident of Alamganj, Peerwals, Near Zahid Hotel, Gulzarbagh, Patna, Bihar-800007. 7. Md. Abulfarah Khan Son of Md. Khalil Khan, Resident of Vill-Supal, P.OShyam Nagar, Nilma, P.S-Amas, Supal, Dist-Gaya, Bihar-824211. 8. Abu Zafar Son of Jamil Akhtar, Resident of Vill and P.o-Bhatabari, Bhatabari, Dist-Kishanganj, Bihar-855101. 9. Saima Iqubal, Wife of Ansari, Resident of Vill-Sihuli Dargah, Post-Silhuli Dargah, P.S-Rafiganj, Sihuli, Aurangabad, Bihar-824125. 10. Najmus Saqib, Daughter of Abdul Bari, Resident of Vill-Adkhaparia, P.oAdhkaparia, P.s-Ramgarhwa, ramgarhwa, Dist-East Champaran, Bihar845433. 11. Sajda Khatoon Daughter of Md. Ajmal Ali, Resident of Shital Semar, P.SRampur Mina, P.S-Baruraj, Dharampur Ishak, Muzaffarpur, Bihar- 843127. 12. Md. Anzar Alam, Son of Md. Amriuddin, Resident of Vill-Ward No 11, Satighata, Post-Singhia, P.S-Kishanganj, Singhia, P.O-Singhia, Dist- Kishanganj, Bihar-855107. 13. Md Sahil, Son of Md. Zahidul Khairi, Resident of Sohsarai, P.S-Sohsarai, Post-Sohsarai, Dist-Nalanda, Bihar-803118 14. Md Akhlaque Son of Md Zubair, Resident of Gairpur loama, Leama, Dist- Darbhanga, Bihar-847115. 15. Md. Shahbaz Alam Son of Md. Mustafa, Resident of Vill-Belchhi Sharif, Belchhi, Dist- Nalanda, Bihar-803107. 16. Md. Fazal Khan Son of Md. Fazal Khan Resident of Mohalla Ansar Nagar, Kamalpur, Gondpur, Nawadah, Dist-Nawada, Bihar-805110. 17. Abdul Malik Son of Md. Saghir, Resident of Vill-navtoliya, Post--Pandaul, Ward No-11, P.S-Pandaul, Pandaul, Dist- Madhubani, Bihar-847234. Patna High Court C. REV. No.35 of 2026(3) dt.01-05-2026 2/6 18. Md. Tauquir Alam Son of Md Mahtabuddin, vill-Dulai, Post- Bangawanhat, P.S-Bahadurganj, Ward No-05, Dist-Kishanganj, Bihar-855101. 19. Fazle Rub Son of Mojbur Rub, Resident of Kumhrawan, Post-Dimobara, Qadirganj, P.O-Kadirganj, Dist-Nawada, Bihar-805104. 20. Minnat Iftekhar Son of Iftekhar Ahmad, Resident of Vill and P.O-Boma, P.S- Gogi, Boma, Dist-Khagaria, Bihar-851202. 21. Sabih Anwar Son of Mahmood Alam, Resident of Chandel, Dhusmalhat, Dist-Purnea, Bihar-855107. 22. Md. Imteyaz Rahi Son of Md. Islam Rahi, Resident of Vill-Muslimbad, Post-Haspura, Amjhar, P.O-Haspura, Dist-Aurangabad, Bihar-824120. 23. Abdul Wahab Son of Md Abul Quasim, Resident of Tajkhand, Azamnagar, Gaighatta, P.O-jalki, Dist-Katihar, Bihar-855102. 24. Md. Ibrahim Son of Noor Mohammad, Resident of Ward No-15, Jogwani, Jagbani, Madhepura, Bihar-852128. 25. Shaista Hamnasheen Daughter of Tajuddin Ahmad, Resident of Vill-Balth rasulpur, Post-balthi mushahari, Anchal-bochhan, balthi Rasulpur, P.OSarfuddinpur, Dist-Muzaffarpur, Bihar-843118. 26. Atiqur Rahman Son of Md. Mojibur Rahman, Resident of Ward No 04, villmaulanagar, Pachnaur Murahi, Dist-Sitamarhi, Bihar-843316. 27. Suraiya Tarannum Wife of Naiyar Azam, Resident of Mohalla-Sakunat, Khurd, Biharsarif, Dist-Nalanda, Bihar-803101. 28. Shamshaad Alam son of Md.Sajjad Hussain, Resident of Vill-Gamhari, post- Hematpur, P.S-Fatehpur, P.O-Hematpur, Dist-Gaya, Bihar-824232. 29. Mohammad Khurshid Ansari Son of Mohammad Ainul Haque Ansari, Resident of Mirzapur, P.O-Parmanandpur, Dist-Sitamarhi, Bihar-843302. 30. Rahmatullah Son of Daud, Resident of Churamba, Ward No-19, Munger, P.O-Munger, Dist-Munger, Bihar-811210. 31. Inamullah Son of Zafarullah, Resident of Vill and Post- Ababakarpur, P.S. - Goraul, Chainpur, Dist-Vaishali, Bihar-844112. 32. Fazle Rahman Son of Md. Mansoor Alam, Resident of Karim chak, Imli, Muhalla, chapra, Dist-Saran, Bihar-841301. 33. Nazia naushad, Daughter of Mohammad Naushad Alam, Resident of Dariapur Fakir Bara Opp Patna Collegiat School, Patna, Banipur, Bihar 800004. 34. Yamna Ejaz @ Yumna Ejaz Wife of Masadirul Haque, Resident of Ward No 44, bara bagh, Near Banaras bank chowk, Chandwara, Saraiya Sadallahpur, Musahri, dist- Muzaffarpur, Bihar-842001. 35. Md. Zulquar Nain Son of Md. Mahboob Alam, Resident of Vill-Loutiyabari, Post-Asja Mobaiya, Lotiyabari, Purnea, Asja, Mobaiya, Bihar-854315. 36. Md. Shoyaib Alam Son of Md. Dastiyar, Resident of Bachhadarh, Kanharia, Dist-Purnea, Bihar-854315. 37. Nadim Ahmad Son of Md. Suleman, Resident of Raghunathpur donwan, sakra, Dholi, Donwan, Dist-Muzaffarpur, Bihar-843105. Patna High Court C. REV. No.35 of 2026(3) dt.01-05-2026 3/6 ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Cabinet Secretariat Department, Government of Bihar, Patna. 2. The Principal Secretary, General Administrative Department, Bihar, Patna. 3. The Director, Urdu Directorate, Government of Bihar. 4. The Bihar Staff Selection Commission, Patna through its Secretary. 5. The Chairman, Staff Selection Commission, Patna, Bihar. 6. The Secretary, Staff Selection Commission, Patna, Bihar. 7. The Examination Controller, Staff Selection Commission, Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Shilpi Keshri For the Opposite Party/s : Mr. Satya Vrat, AC to GP 10 For the BSSC : Mr. Satyabir Bharti, Sr. Advocate Ms. Kanupriya, Advocate Mr. Abhishek Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 3 01-05-2026 This is an application for review of an order dated 7th January 2026 passed in CWJC No. 12606 of 2025. 2. The writ petition relates to an allegation that under the order of the appropriate department of the State Government Bihar Staff Selection Commission initiated an exercise of recruitment of Urdu Translators in 1294 vacant posts. Out of the said 1294 posts of Urdu Translators, 233 posts were reserved for Extremely Backward Class candidates (E.B.C.). Out of the said 233 seats 90 posts were reserved for women candidates. It was the grievance of the petitioners that the EBC candidates were not considered in spite of having requisite qualification and cut Patna High Court C. REV. No.35 of 2026(3) dt.01-05-2026 4/6 off marks for recruitment in the post of Urdu Translator. This Court while disposing of the writ petition passed the following direction:- “The Bihar Staff Selection Commission, Patna is directed to carry out the exercise and come to a finding as to whether the petitioners belong to E.B.C. category or not and secondly, whether they got the cut-off-marks or not. On satisfaction of the said two points, the successful candidates shall be appointed as per the merit list.” 3. The instant review petition has been filed stating inter alia that there were some EBC candidates who belong to creamy layer. The decision of the Hon’ble Supreme Court in respect of candidates coming from reserved category but having creamy layer was not considered by this court while disposing of the writ petition and if the said fact was considered, then the candidates who got the job in spite of being included in the creamy layer ought to have been directed to be removed and some of the writ petitioners have been inducted. 4. It is also submitted by the learned Advocate for the applicants that though the said ground was taken in the writ petition, the Court did not considered the said fact resulting thereby denial of right of some of the writ Patna High Court C. REV. No.35 of 2026(3) dt.01-05-2026 5/6 petitioners/candidates. Hence the instant review petition. 5. The scope of civil review is absolutely limited. Civil review can be preferred if a person is aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes on the following grounds (i) when the applicant from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or (ii) on account of some mistake or error apparent on the face of the record or (iii) for any other sufficient reason, 6. None consideration of a ground after giving opportunity of hearing to both the parties is not an error or mistake apparent from the face of the record. If some of the applicants are denied their appropriate relief and they are aggrieved by the order passed in the writ petition, they can Patna High Court C. REV. No.35 of 2026(3) dt.01-05-2026 6/6 prefer an appeal. The scope of appellate jurisdiction cannot be taken away by civil review, or that ground of appeal cannot be stated to be adjudicated upon under the garb of civil review. 7. Considering such aspect of the matter, I do not find any merit in the instant application and accordingly, the same is dismissed. suraj/- (Bibek Chaudhuri, J) U