Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8489 of 2026 ====================================================== Suman Daughter of Ram Kumar, Resident of Village- Mohanpur, P.S.- Kateiya, District - Gopalganj.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Addl. Chief Secretary, Department of Health, Government of Bihar, Patna.
3.
The Bihar Public Service Commission, through the Chairman, Patna. 4.
The Secretary, Bihar Public Service Commission, Patna. 5.
The Examination Controller, Bihar Public Service Commission, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim, Adv Mr. Sanjay Sinha, Adv Ms. Niharika Rani, Adv Mr. Mithilesh Kumar, Adv For the State :
Mr. Government Advocate (5) For the BPSC :
Mr. Rakesh Mohan Singh, Adv Mr. Rajni Kant Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner, learned counsel for the Bihar Public Service Commission and learned counsel for the respondent-State.
2. With the consent of both the parties, this writ application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has prayed for the grant of following reliefs:
"(i) For issuance of an appropriate writ/writs, order/orders, direction/directions to hold that the criteria
2/4 mentioned in clause 5 (i) (ड.) (b) in Advertisement no. 44/2025 to 57/2025 for the post of Assistant Professor, Government Ayurvedic College, Patna and Begusarai in different subjects, is illegal and arbitrary. (ii) For holding that the criteria mentioned note (b) in clause 5 (i) (ड.) in the said Advertisement is contrary to the clause
(3) (ड.) of Appendix-1 of Bihar Ayush (Ayurvedic, Unani and Homoeopathy) Medical Teaching Service Rules, 2017 and set aside the same.
(iii) For holding that the criteria mentioned in note (b) of clause 5 (i) (ड.) in the said Advertisement is contrary to the clause 17 (b) (iii) of National Commission for Indian System of Medicine (Minimum Standard of Undergraduate Ayurveda Education) Regulation-2022 and set aside the same.
(iv) For directing the commission to provide 4 marks to the petitioner for her Journals Published in Index Corpenicus.
(V). For any other order/orders as may be deemed just and proper in the interest of justice."
4. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid reliefs, the petitioner is prepared to file a fresh representation before the
3/4 Secretary, Bihar Public Service Commission, Patna and he further prays that an appropriate direction be issued to the Secretary, Bihar Public Service Commission, Patna to dispose of the representation, which would be filed by the petitioner within a fixed time frame, after giving an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondent-State and respondent-BPSC do not have any objection.
6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a fresh representation before the Secretary, Bihar Public Service Commission, Patna within one month from today and if such a representation is filed within the stipulated time then the Secretary, Bihar Public Service Commission, Patna shall dispose of the same within a maximum period of two months from the date of receipt of the representation, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the Secretary, Bihar Public Service Commission, Patna should be a reasoned and speaking
4/4 order.
7. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J) kiran/- U