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2026 DAILYLAW 91 (PAT)

Lal Krishna Arya v. The State of Bihar

CWJC/2974/2026 · 2026-03-16

Alok Kumar Sinha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2974 of 2026 ====================================================== Lal Krishna Arya Son of Sri Laxmii Singh, Resident of Village- Arniya, P.O. and P.S- Jandaha, District- Vaishali (Bihar), 844505. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna. 2. The Additional Chief Secretary, Education Department, Government of Bihar, Patna. 3. The Director (Higher Education), Education Department, Government of Bihar, Patna. 4. The Bihar State University Service Commission (BSUSC), through its Chairman, 8th Floor, Bihar School Examination Board, Academic Building, Budh Marg, Patna. 5. The Chairman, Bihar State University Service Commission (BSUSC), 8th Floor, Bihar School Examination Board, Academic Building, Budh Marg, Patna. 6. The Secretary, Bihar State University Service Commission, Patna, 8th Floor, Bihar School Examination Board, Academic Bhawan, Budh Marg, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Mani Kant Mishra, Adv. For the Respondent/s : Mr.Standing Counsel (10) For the State : Mr.Dr.Md. Raisul Haque, SC 10 For Bihar State University: Mr.Rakesh Kumar, Adv. Service Commission ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 16-03-2026 Heard learned counsel for the petitioner, learned counsel for the Bihar State University Service Commission and for the respondent-State. 2. In the present writ application, the petitioner has prayed for the grant of following reliefs: “(i) For directing the respondent authorities, especially respondent authorities of the Patna High Court CWJC No.2974 of 2026(2) dt.16-03-2026 2/4 Bihar State University Service Commission, Patna (in short, the BSUSC, Patna) to take necessary action the representation of the petitioner for including him in the interview of regular selection process on the post of Assistant Professor in the subject of Commerce. (ii) For directing the respondent authorities of the BSUSC, Patna (Respondent No. 4 to 6) to take necessary action on the petitioner's representation, as instructed by the Director (Higher Education), Govt. of Bihar (Respondent No.3) vide Departmental Letter No. 19 bearing Memo No. 61 dated 14.01.2026. (iii) For directing the respondent authorities to call the petitioner for interview to the post of Assistant Professor in the subject of Commerce, pursuant to Advertisement No. 28/20- 21 dated 21.09.2020 issued by the BSUSC, Patna. (iv) For directing the respondent BSUSC, Patna to declare the result of the petitioner, manner of calculation of marks of all candidates including petitioner under the advertisement No.28/20-21 Subject- Commerce, whose applications were accepted but has not been shortlisted for interview. (v) For directing the respondent BSUSC, Patna for calling the petitioner for interview in commerce subject, as he genuinely holds Ph.D. degree, which has been awarded to him in the year 2007 from Lalit Narayan Mithila University (LMNU), Darbhanga. (vi) For any other relief/reliefs for which the petitioner may be deemed entitled.” 3. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid relief, the petitioner has already filed a representation before the Patna High Court CWJC No.2974 of 2026(2) dt.16-03-2026 3/4 Secretary, Bihar State University Service Commission, Patna which has been brought on record by way of Annexure- P/4 series. He, therefore, submits that an appropriate direction be issued to the Secretary, Bihar State University Service Commission, Patna to dispose of the pending representation of the petitioner within a fixed time frame after giving liberty of hearing to the petitioner. 4. In response to the aforesaid submission made by learned counsel for the petitioner, learned counsel appearing for the respondent-Bihar State University Service Commission contends that the relief being claimed by the petitioner in the writ application now cannot be granted for the reason that the interview has already taken place during 15.07.2025 to 17.07.2025. 5. Be that as it may, considering the limited prayer made by learned counsel for the petitioner, this writ application is disposed of directing the Secretary, Bihar State University Service Commission, Patna to dispose of the pending representation of the petitioner within two months from the date of receipt / production of a copy of this order by the petitioner after giving liberty of hearing to the petitioner. 6. Needless to emphasize that the final order which Patna High Court CWJC No.2974 of 2026(2) dt.16-03-2026 4/4 shall be passed by the Secretary, Bihar State University Service Commission, Patna should be in accordance with law and it must be a reasoned and speaking order. 7. With the aforesaid observation/direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of. kundan/- (Alok Kumar Sinha, J) U