Dharamveer Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11704 of 2025 ====================================================== 1.

Dharamveer Kumar Singh S/o- Srinath Singh, resident of Village - Nawada Ben, P.S. Udwant Nagar, District - Bhojpur, Bihar-802162, Roll No. 102063. 2.

Santanu Kumar, S/o Gupteshwar Prajapati, resident of Village Karma, P.S Chenari, District Rohtas, Bihar 821104, Roll No-104207. 3.

Shyamu Kumar, S/o- Suresh Sah, Resident of Village Shivsagar, P.S. Shivsagar, District Rohtas, Bihar 821111, Roll No. 111538. 4.

Satyam Kumar, S/o-Rajesh Kumar, resident of Village - Mirzapur, P.S.- Nagar, District - Darbhanga, Bihar-846004, Roll No-106254. 5.

Rashid Khan, S/o Nehaluddin Khan, resident of Village Munim Chowk, P.S. Model Thana, District Buxar, Bihar 802101, Roll No-103447. 6.

Akash Kumar, S/o Vinay Kumar Singh, resident of Village - Ambedkar Path, P.S-Sasaram, District-Rohtas, Bihar -821113, Roll No-103794. 7.

MD. Tahir Ansari, S/o Md. Nayeem Ansari, resident of Village Iqubal Nagar, P.S. Kotwali, District Gaya, Bihar -823002, Roll No - 100667. 8.

Kumar Nitish, S/o Shyam Babu Gupta, resident of Mohalla-East Indira Nagar, Kankarbagh, P.S-Kankarbagh, District-Patna, Bihar-800020, Roll No-123135.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Law Department, Bihar, Patna. 2.

Patna High Court, Patna, through its Registrar General. 3.

Registrar General, Patna High Court, Patna.

4.

Convenor, Centralised Selection and Appointment Committee-cum-District and Sessions Judge, Patna.

5.

Registrar, Civil Court, Patna.

6.

Sanjeev Kumar Jha, Son of Shri Parmod Jha, Resident of not known to the petitioners, Selected For Appointment-Saran at Chapra, Roll No-102274. 7.

Ashish Kumar Jha, Son of Shri Sanjeev Kumar Jha, Resident of not known to the petitioners, Selected For Appointment-Munger, Roll No- 135053. 8.

Abhinish Kumar, Son of Shri Shambhu Prasad Singh, Resident of not known to the petitioners, Selected For Appointment-Gopalganj, Roll No-102576. 9.

Manohar Kumar, Son of Shri Jai Shanker Jha, Resident of not known to the petitioners, Roll No- 132305.

10.

Gautam Kumar, Son of Shri Birendra Singh, Resident of not known to the petitioners Selected For Appointment- Siwan, Roll No- 109180. 11.

Vishvkarma Kumar, Son of Shri Bholi Saw, Resident not known, Selected For Appointment Sitamarhi, Roll No 124807.

12.

Abhishek Kumar, Son of Shri Naresh Tiwari, Resident of not known to the petitioners, Selected For Appointment-Katihar, Roll No-102862.

2/7 13.

Roushan Kumar, Son of Shri Pramod Kumar, Resident of not known to the petitioners, Selected For Appointment-Katihar, Roll No-135138. 14.

Anil Kumar, Son of Shri Shiv Prasad Yadav, Resident of not known to the petitioners, Selected For Appointment-West Champaran at Bettiah, Roll No107054. 15.

Shashi Kant Prasad, Son of Shri Shiv Jee Prasad Gupta, Resident of not known to the petitioners, Selected For Appointment-Jehanabad, Roll No124421. 16.

Priyadarshan, Son of Shri Mahesh Kumar Yadav, Resident of not known to the petitioners, Selected For Appointment- Rohtas at Sasaram, Roll No103166. 17.

Rakesh Kumar Soni, Son of Shri Mohan Prasad Soni, Resident of not known to the petitioners, Selected For Appointment-Rohtas at Sasaram, Roll No112181. 18.

Raj Kaushal, Son of Shri Vijay Kumar Gupta, Resident of not known to the petitioners, Selected For Appointment- Gaya, Roll No-139009. 19.

Manish Kumar, Son of Shri Mankeshwar Prasad, Resident of not known to the petitioners, Selected For Appointment-Muzaffarpur, Roll No- 100523. 20.

Ravi Kant, Son of Shri Kapil Deo Thakur, Resident of not known to the petitioners, Selected For Appointment-Sheikhpura, Roll No-100670. 21.

Adarsh Kumar Thakur, Son of Shri Sushil Kumar Thakur, Resident of not known to the petitioners, Selected For Appointment-Patna, Roll No-112845. 22.

Kumar Bhushan, Son of Shri Anup Prasad, Resident of not known to the petitioners, Selected For Appointment-Vaishali at Hajipur, Roll No- 101810. 23.

Ankit Kumar, Son of Shri Satyendra Prasad, Resident of not known to the petitioners, Selected For Appointment-Madhubani, Roll No-115932. 24.

Akash Kumar, Son of Shri Vijay Prasad, Resident of not known to the petitioners, Selected For Appointment-West Champaran at Bettiah, Roll No108073. 25.

Abhishek Gupta, Son of Shri Rabindra Kumar Gupta, Resident of not known to the petitioners, Selected For Appointment-Banka, Roll No- 128899. 26.

Satyam Kumar, Son of Shri Sudhir Singh, Resident of not known to the petitioners, Selected For Appointment-Nalanda at Biharsharif, Roll No108522. 27.

Lav Kumar, Son of Shri Ram Suresh Sharma, Resident of not known to the petitioners, Selected For Appointment-Darbhanga, Roll No-102521. 28.

Prakash Kumar, Son of Shri Mangal Sah, Resident of not known to the petitioners, Selected For Appointment-Patna, Roll No-101554. 29.

Munna Kumar, Son of Shri Govind Prasad, Resident of not known to the petitioners, Selected For Appointment-Munger, Roll No- 104166. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avanish Kumar Singh, Advocate

3/7 For the Respondent/s :

Mr. Government Pleader (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 04-08-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the State and Learned Counsel for the Patna High Court.

2. The present writ petition has been filed with the following reliefs:- "(i). Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the result of the candidates for appointment against the post of Court Reader-cum-Deposition Writer pursuant to Employment No. 03/2022 contained in corrigendum notice dated 06/09/2024 insofar as the same related to the candidates, who have been declared to be qualified despite the accuracy of the typing test being less than 90% in English typing and Hindi typing;

(ii) Issuance of a direction, order, or writ, including writ in the nature of mandamus, directing the concerned respondent authorities in the Office of the Convenor,

4/7 Centralized Selection and Appointment Committee- cum-District and Sessions Judge, Patna, to undertake the recasting of the merit list for appointment to the post of Court Reader-cum-Deposition Writer under Employment Notice No.

03/2022, strictly in accordance with the minimum qualifying criteria prescribed for the skill test as outlined in the said advertisement.

(iii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned authorities in the Office of the Convenor, Centralized Selection and Appointment Committee-cumDistrict and Sessions Judge, Patna to take steps towards considering the cases of the petitioners for appointment against the post of Court Reader-cum-Deposition Writer in different civil court in State of Bihar pursuant to Employment Notice No.

03/2022 based on their performance in the process of selection conducted pursuant to the said advertisement particularly taking note of their accuracy in English typing and Hindi typing as the case may be and the

5/7 minimum qualifying standards having been prescribed by the Office of Convener, Centralized Selection And Appointment Committee-Cum-District And Sessions Judge, Patna.

(iv) Issuance of a direction, order or writ, including the writ in the nature of mandamus commanding the concerned authorities to take necessary steps towards extending all the consequential benefits in favor of the petitioners as they are found to be entitled to appointment against the post of Court Reader-cum-Deposition Writer pursuant to the aforesaid Employment Notice No. 03/2022 based on their performance in the process of selection conducted by the concerned authorities;

(v) Any other relief that the petitioners may be found to be entitled to in the facts and circumstances of the present case."

3. Learned Counsel for the petitioners submits that the petitioners became effected due to change of rule of game during recruitment process, and, therefore, they filed the present writ petition.

4. Learned Counsel for the State submits that if

6/7 petitioners' selection has to be made on the basis of written test, skill test and interview, but collectively they are not in a position to get the cut of marks, only due to this reason they had not been selected.

5. Learned Counsel appearing for the Patna High Court submits that under Rule 22 of the Bihar Civil Court Officers and Staff (Recruitment, Promotion, Transfer and Other Service Conditions), Rules, 2022, the Full Court of Hon'ble Patna High Court is empowered to relax the criteria at any stage.

6. After hearing the parties, this Court has put specific question to the learned Counsel for the petitioners that how they became effected by virtue of the said corrigendum? He is not in a position to explain properly as to how the petitioners became effected by the said change in the criteria; rather it transpires to this Court that the criteria had been slashed down with a view to select more candidates. Therefore, this Court is not inclined to interfere in this matter, particularly upon considering Rule 22 of the Bihar Civil Court Officers and Staff (Recruitment, Promotion, Transfer and Other Service Conditions) Rules, 2022, which states as follows:- "22. Relaxation-The Full Court on the recommendation of the Standing Committee shall have power to dispense with or relax the

7/7 requirements of any of the provisions made in these Rules to such extent and subject to such conditions as it may consider necessary in any particular case."

7. Accordingly, the writ petition stands dismissed.

(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.08.2025 Transmission Date