Nadeem Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1168 of 2026 ====================================================== Nadeem Hassan Son of Mohammad Mumtaz Ahmad, resident of Khwaja Palace, Kutubuddin Lane, Opposite Patna Collegiate School, Dariyapur, P.S.- Pirbahore, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Health Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Chairman, Bihar Technical Service Commission, 19 Harding Road, Patna- 800001.

4.

The Secretary-in-Charge, Bihar Technical Service Commission Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pratyush, Advocate Ms. Tooba Hera, Advocate Mr. Thakur Brajesh Singh, Advocate For the Respondent/s :

Mr. H.S.S. Singh, Government Pleader (19) For the B.T.S.C.

:

Mr. Nikesh Kumar, Advocate Mr. Pravin Tewari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 03-02-2026 Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the Technical Service Commission.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:

" a. For issuance of an appropriate writ, order or direction, particularly a writ in the

Patna High Court CWJC No.1168 of 2026 dt.03-02-2026 2/3 nature of Mandamus, commanding the Respondents to discharge their statutory and public duty in a fair, transparent and non-arbitrary manner in terms of Advertisement No. 20/2025 and calling the Petitioner for document verification, as the petitioner has admittedly secured marks above the prescribed cut-off for his category, yet has been arbitrarily excluded from further stages of selection.

b. For issuance of an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, commanding the Respondents particularly the Bihar Technical Service Commission (respondent no. 3 & 4), Patna, to duly consider and decide the objection raised by the petitioner on the official portal of the Commission, wherein the petitioner has specifically demonstrated his entitlement to additional 2.65 marks strictly in terms of Clause 5(i)(b) of Advertisement No. 20/2025.

c. For issuance of any other relief(s) to which the petitioner may be entitled to in the facts and circumstances of the case."

3. Learned Counsel for the petitioner submits that for fulfillment of his grievances the petitioner has filed representation before the Secretary, Bihar Technical Service Commission, Patna, but no decision has been taken at his level.

4. Learned Counsel for the Bihar Technical

Patna High Court CWJC No.1168 of 2026 dt.03-02-2026 3/3 Service Commission submits that if his representation is pending, in that case time frame may be fixed within which the officer shall entertain the representation and pass a reasoned and speaking order.

5. In this view of the matter, this writ petition is disposed off directing respondent No.4, the Secretary-in-Charge, Bihar Technical Service Commission, Patna, to pass order on the representation of the petitioner (Annexure-10) within 30 days from the date of receipt/production of a copy of this order. (Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.02.2026 Transmission Date