The State Of Bihar v. Ashiwini Bhardwaj
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.235 of 2025 In Civil Writ Jurisdiction Case No.15281 of 2021 ====================================================== 1.
The State of Bihar through Secretary, Education Department, Govt. of Bihar, Patna, Bihar.
2.
The Secretary, Education Department, Govt. of Bihar, Patna, Bihar. 3.
The Addl. Chief Secretary, Education Department, Govt. of Bihar, Patna. 4.
The Director (Admin.) cum Addl. Secretary, Education Department, Govt. of Bihar, Patna, Bihar.
... ... Appellant/s
Versus
1.
Ashiwini Bhardwaj Son of Binay Singh, Resident of Baramasia, Near Cyber Zone, P.S. Dhawar, District - Dhanbad (Jharkhand). 2.
The Bihar Public Service Commission, Bihar, Patna through its Chairman, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna, Bihar 800001. 3.
The Chairman, Bihar Public Service Commission, Bihar, 15, Jawaharlal Nehru Marg, Bailey Road, Patna, Bihar 800001. 4.
The Joint Secretary cum Examination Controller, Bihar Public Service Commission, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. P.K.Shahi, Adv. General Mr. Anjaneya Singh, Advocate For the Respondent No. 1 :
Mr. Dhananjay Kumar, Advocate Mr. Surendra Prasad Tiwari, Advocate Mr. Ashok Kumar Sinha, Advocate.
For the B.P.S.C.
:
Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-02-2026 This Letters Patent Appeal has been filed by the State of Bihar challenging the order dated 10.09.2024 of the
Patna High Court L.P.A No.235 of 2025(9) dt.18-02-2026 2/3 judgment and order dated 10.09.2024 passed by the learned Single Judge in C.W.J.C. No. 15281 of 2021 in directing the concerned authority to appoint the petitioner against the vacant post of Lecturer in Arts & Craft in Government Training College under the UR category, with a further direction that the petitioner shall not be entitled to claim seniority, pay or any other wages from the initial date of joining of the other candidates of the advertisement no. 04/2016; rather, he shall be entitled for all the benefits from the date he actually joins the post.
2. Yesterday when the matter was heard at length and the learned counsel for the respondent made a submission that one post under UR category is still lying vacant and there would not be any difficulty for the State to comply the order passed by the learned Single Judge, the learned Advocate General sought for time to ascertain the correct state of affairs.
3. Today, the learned Advocate General, on instruction submitted that one post of Lecturer under the UR category in (Arts & Craft in Government Training College) is still lying vacant and the State has no difficulty in providing appointment to the petitioner. The State shall carry out the order passed by the learned Single Judge.
Patna High Court L.P.A No.235 of 2025(9) dt.18-02-2026 3/3
4. In view of such submission made by the learned Advocate General, the Letters Patent Appeal is disposed off. (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) supratim/- U