Raubinsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12422 of 2025 ====================================================== 1.

Raubinsh Kumar Son of Raghuvir Prasad, Resident of village Sewaichak, PO Amarut, PS Dobhi, District Gaya, State Bihar. 2.

Manish Kumar Son of Surendra Kumar Sinha, Resident of Village Jhikatiya Kala, PO Jhikatiya Kala, PS Imamganj, District Gaya, State Bihar. 3.

Abhishek Kumar Son of Akhilesh Kumar, Resident of village Bela, PO Bankey Bazar, PS Bankey Bazar, District Gaya, State Bihar 4.

Rajnish Kumar Son of Uday Prasad, Resident of village Saifganj, PO Bankey Bazar, PS Bankey Bazar, District Gaya, State Bihar 5.

Arpana Wife of Anup Kumar Ranjan, Resident of village Sihauta, PO Kewala Kala, PS Dumariya, District Gaya, State Bihar 6.

Surbhi Subhranshu Daughter of Mithilesh Kumar Singh, Resident of village Saifganj, PO Bankey Bazar, PS Bankey Bazar, District Gaya, State Bihar 7.

Aryan Kumar (M), aged about 24 years, Son of Chitranjan Kumar, Resident of village Koyri Bigha, PO Koyri Bigha, PS Belaganj, District Gaya, State Bihar 8.

Vimla Kumari Wife of Ram Sumiran Kumar, Resident of village Usewa Bilauti, PO Baiju Bigha, PS Gurua, District Gaya, State Bihar 9.

Soni Kumari Daughter of Anirudh Prasad Verma, Resident of village Baksanr, PO Baksanr, PS Goah, District Aurangabad, State Bihar 10.

Ankit Kumar Son of Ramashish, Resident of village Patti, PS Barachatti, District Gaya, State Bihar 11.

Neha Kumari Daughter of Dinesh Kumar, Resident of village Meghanadih, PO Parsawan Khurd, PS Raushanganj, District Gaya, State Bihar 12.

Rahul Kumar Son of Ravindra Prasad, Resident of village Usewa, PS Gurua, District Gaya, State Bihar 13.

Sushma Kumari Wife of Prince Kumar, Resident of village Kumawan, PO Kumawan, PS Paraiya District Gaya, State Bihar ... ... Petitioner/s

Versus

1.

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

2.

The Bihar Technical Service Commission through its Chairman, 19, Harding Road, Patna.

3.

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

4.

The Secretary, Bihar Technical Service Commission, 19, Harding Road, Patna.

5.

The Officer on Special Duty, Bihar Technical Service Commission, 19, Harding Road, Patna.

6.

The Bihar Nurses Registration Council, through its Registrar, 3rd Floor,

2/5 Sheikhpura, Patna, Bihar.

7.

The Director General (Nursing)- cum- Chairman, The Bihar Nurses Registration Council, 3rd Floor, Sheikhpura, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate For the State :

Mr. P.K.Shahi, Advocate General For the BNRC : Mr. Awadhesh Kumar Pandit, Advocate For the BTSC : Mr. Nikesh Kumar, Advocate Mr. Akshansh Shanker, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2025 Heard learned counsel for the petitioners, learned counsel for the Bihar Technical Service Commission as also the other respondents.

2. The petitioners have filed the instant application for the following relief(s):

"That this writ application in being filed on behalf of the petitioners above named for issuance of an appropriate writ/writs, order/orders or direction/directions in the nature of writ of Mandamus, commanding and directing the respondents concerned and it's authority to extension of date for online applying examination form of the selection of Staff Nursing under Advertisement No. 23 of 2025 whereby and whereunder the petitioners would appearing aforesaid examination. Further directing to the respondents and it's authority to extension of date in computer Data in place of 11.03.2025 for applying the examination of the selection of Staff Nursing under Advertisement No. 23 of 2025.

3/5 Further directing to the respondents and it's authority to certificate no and the certificate issue date not mandatory for applying the examination of selection of Staff Nursing under Advertisement no. 23 of 2025.

Further directing to the respondents and it's authority to Transfer Code not mandatory for applying the examination of selection of Staff Nursing under Advertisement no. 23 of 2025.

Further directing to the respondents and it's authority to B.Sc(Nursing) unable for applying the examination of selection of Staff Nursing under Advertisement no. 23 of 2025.

Further, for issuance of any other appropriate writ/writs, order/orders or direction/directions for which petitioner would be found entitled under the facts and circumstances of the case."

3. The relevant facts in brief are that the Bihar Technical Service Commission, Patna came out with an Advertisement No.23 of 2025 for appointment of Staff Nurse. As per the advertisement, the last date for filing application was 7.6.2025 which was later extended to 13.6.2025.

4. It is submitted by learned counsel appearing for the petitioners that the eligibility for appearing in the aforesaid exam was of Diploma Programme Course of General Nursing and Midwifery (GNM), the certificate of which was issued to the petitioners on 30.5.2025 and a copy of which has been

4/5 brought on record as Annexure P/3 to the petition. The application of the petitioners not having been accepted online, hence, the instant writ application.

5. Learned counsel for the respondents in reference to the material on record in the writ application submits that from the contents of the Advertisement no.23 of 2025 (Annexure P/1) itself it would transpire that while the last date for filing of the application was extended from 7.6.2025 to 13.6.2025, Clause 6 of the advertisement clearly provided the eligibility for appearing in the examination, one of which was that the candidate should have qualified in the General Nursing and Midwifery from a recognized institution. The said clause clearly provided that all the certificates/marksheets should have been issued by the respective institutions on or before 23.5.2025. So far as the petitioners are concerned, admittedly the certificate with respect to the GNM course in their case has been issued after the cut off date on 30.5.2025.

6. Having heard learned counsel for the parties and taking into consideration the submissions made as also the contents of the advertisement, it goes without saying that Clause 6 thereof is absolutely clear in so far as the supporting documents/qualification, the candidate is required to have the

5/5 same with the certificate having been issued by the respective recognized institution on or before 23.5.2025 which is the cut off date. Admittedly, the petitioners did not have the same, the certificate of the petitioners having been issued after the cut off date on 30.5.2025. Thus the application filed by the petitioners was rightly not accepted by the respondents.

7. In the facts of the case, the Court does not find any merit in the instant application and the same is dismissed. (Partha Sarthy, J) Saurabh/- U