Patna High Court
Dr. Shweta Sundram vs The State Of Bihar on 24 April, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6501 of 2025
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Dr. Shweta Sundram Daughter of Late Shri Chandra Mohan Prasad, Wife of
Keshav Ranjan, Resident of Karmali Chack, P.O. - Begumpur, P.S. Bypass,
District - Patna- 800009.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education (Higher), Government of
Bihar, Patna.
3. The Director, Higher Education, Department of Education, Government of
Bihar, Patna.
4. The Bihar State University Service Commission, through the Chairman, 8th
Floor, BSEB Building (ADMIN Block), Budh Marg, Patna, Bihar.
5. The Chairman, Bihar State University Service Commission, 8th Floor,
BSEB Building (ADMIN Block), Budh Marg, Patna, Bihar.
6. The Secretary, Bihar State University Service Commission, 8th Floor, BSEB
Building (ADMIN Block), Budh Marg, Patna, Bihar.
7. Rashmi having UID No. RAS15061975 SOC0041892 selected at Sr. No.6
under BC-Female Category of Sociology Subject published in merit list
dated 10.01.2025, through the Registrar, Magadh University, Bodhgaya
under University allotment List published dated 13.01.2025.
8. Anamika having UID No. ANA20081989 SOC0015719 Selected at Sr. No.8
under BC-Female Category of Sociology Subject published in merit list
dated 10.01.2025, through the Registrar Bhupendra Narayan Mandal
University, Madhepura under University allotment List published dated
13.01.2025.
9
. Madhu having UID No. MAD20081976 SOC0029964 selected at Sr. No.1
under WBC Category of Sociology Subject published in merit list dated
10.01.2025, through the Registrar Patna University, Patna under University
allotment List Published dated 13.01.2025.
10. Smita Roy having UID No.SMI06021983 SOC0031748 slected at Sr. No.2
under WBC Category of Sociology Subject published in merit list dated
10.01.2025, through the Registrar Lalit Narayan Mithila University,
Kameshwar Nagar, Darbhanga under University allotment List published
dated 13.01.2025.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Commission : Mr.Harsh Singh, Advocate
For the Respondent/s : Ms. Vijaya Laxmi Srivastava, AC to SC 23
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
Patna High Court CWJC No.6501 of 2025 dt.24-04-2025
ORAL JUDGMENT
Date : 24-04-2025
Heard learned counsel appearing on behalf of the
petitioner; learned counsel for the Commission and the learned
counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter:-
"(i) for issuance of appropriate writ/ writs,
order/orders, direction/ directions to the respondents
authority particularly the Bihar State University
Service Commission (herein after referred to as
commission) in the nature of Certiorari to Quash
and set aside the final Merit list issued by the
Commission contained in Notice No.
B.S.U.S.C./Vigya.-56/2023(Khand-10) 85 dated
10.01.2025 pursuant to Advertisement No.AP-SOCI-
17/20-21 under Advertisement Notice dated
21.09.2020 (Annexure-1) in the Sociology Subject
whereby and whereunder despite having score
(Academics) 71+10 Marks (for 5 Research
Publications) + 8 Marks (in interview) total 89
marks as per clause 7.1. & 7.2 table of the
Advertisement Notice dated 21.09.2020 (Annexure-
1), against cut off marks 83 fixed for BC-Female
Category petitioner has deliberately, arbitrarily been
deprived to be selected in the final merit list
violating her rights guaranteed under Article 14 &
16 of the Constitution of India favouring private
respondents No.7 and 8 (last selected candidates in
BC-Female category) and Respondent No.9 and 10
(under WBC category).
(ii) To hold and declare that the action of the
authorities concerned of the Respondent
Commission in granting "0" (Zero) marks instead of
10 marks fixed for 5 Research Publications, which
are Peer Reviewed Journals uploaded in the
Application Form in terms of Clause 7.2(5) of the
Patna High Court CWJC No.6501 of 2025 dt.24-04-2025
Advertisement, is highly illegal, arbitrary, mala fide,
malicious and unsustainable in the eye of law and on
facts both and in the given facts of the case, the
petitioner is fully entitled for being granted 10 marks
for her five (5) research papers.
(iii) To issue a writ of Mandamus commanding the
respondent Commission to consider 10 due marks of
all Five articles published by the petitioner and the
same be added to the total score of the petitioner
under the rights of equality as was granted and
added the marks of Articles published in the same
Journals, same format and same style as selected
candidates of Sociology Subject at Sr. No.33 of UR
Category namely Ambuj Kumar having UID No.
AMB08071977SOC0062909 and at Sr. No.34 UR
Category namely Praveen Kumar Singh having UID
No.PRA02111977SOC0032455 published in the final
Merit list dated 10.01.2025.
(iv) To hold and declare actions of the respondent
Commission erroneous in not granting full marks to
the 5 research publications by the subject experts
appointed by the respondent Commission, either they
were incompetent to assess the marks of research
publications or were biased not to consider the same
marks as was granted to similarly situated other
candidates who published in the same journals
following same norms.
(v) To give liberty to the petitioner to implead two
Subject Experts (names not known to the petitioner),
through the Secretary of the Bihar State University
Service Commission and the commission be directed
to submit details of them to be impleaded properly as
Respondent Nos. 11 & 12 to this writ petition with
regard to the order dated 24.02.2025 passed in
CWJC No.2450 of 2025 titled as "Dr. Chanda
Kumari Vs. The State of Bihar & Others" as well as
it was held by this Hon'ble Court at para-10 of the
L.P.A. 830 of 2014.
(vi) To issue a writ of Mandamus commanding the
respondent Commission to prepare a revised merit
list taking into account the marks of the articles,
having total marks claimed 89 against 83 cut off
marks fixed for BC- Female category and WBC, the
petitioner be declared successful replacing last
Patna High Court CWJC No.6501 of 2025 dt.24-04-2025
selected candidate at Sr. No.6 namely Rashmi having
UID No.RAS15061975 SOC0041892 allotted
Magadh University, Bodhgaya & at Sr. No.8 in BC-
Female category namely Anamika having UID No.
ANA20081989 SOC0015719 allotted Bhupendra
Narayan Mandal University, Madhepura and Madhu
having UID No. MAD20081976SOC0029964
selected at Sr. No.1 and Smita Roy having UID
No.SMI06021983SOC0031748 selected at Sr. No.2
under WBC Category in the merit list published
dated 10.01.2025 and University allotment List
published dated 13.01.2025.
(vii) To direct the respondent authorities restraining
them from issuance of any notice for joining of
selected candidates to their respective Universities
allotted to them dated 13.01.20025 during the
pendency of the present writ application.
(viii) To pass any other order or direction which this
Hon'ble Court may deem fit and proper in the
circumstances of the case."
3. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is entitled for 10 marks
for Research Publication and if the said marks are calculated,
the petitioner will obtain total 89 marks and she will be entitled
for being selected under Backward (BC) (Female Category) in
subject Sociology but the failure on the part of the Commission
to grant total marks under Clause 7.1 and Clause 7.2 and
granting only 79 marks, which is less than cut of marks of 83, is
arbitrary against the terms and conditions of the advertisement.
4. Per contra Mr. Harsh Singh, learned counsel
appearing on behalf of the Commission submitted that due to
Patna High Court CWJC No.6501 of 2025 dt.24-04-2025
inadvertence, GOML Table relating to one Praveen Kumar
Singh, who belongs to ST category, has been provided to show
that there is no violation of Article 14 of the Constitution of
India, who has obtained more marks than the petitioner. Learned
counsel, however, finds it difficult to defend in view of the fact
that the petitioner belongs to Backward Class (BC)(Code-05).
However, he admits that the petitioner's case has to be
compared with the last candidate, who has been selected and he
is also Backward (BC) (Code 05) candidate. The matter
relateing to selection and any incorrect action taken on the part
of selection body particularly by the Officers of the Commission
has been deprecated time and again by this Court.
5. Mr. Harsh Singh, learned counsel appearing on
behalf of Bihar State University Service Commission
(hereinafter to be referred as the 'Commission') has made
available a Table-G OML, After Interview, Subject - Sociology
along with the information relating to SC category candidate.
Name of petitioner - Shweta Sundram
Sl.No.-148
Category- Backward Class (BC) (Code-05)
Physically Disabled- No
FFD - No
Residence of Bihar - Yes,
Gender - Female
Date of Birth -14.08.1978
System Generated total score (i) - 71
Total Manual Generated Score (ii) - 0
Patna High Court CWJC No.6501 of 2025 dt.24-04-2025
Interview Marks - 8
Score in Descending Order - 79
6. Heard the parties.
7. I find that the petitioner has approached this Court
by filing the present writ petition, whereas she was first required
to obtain information in respect of the last candidate with
whom she allegedly claims to have been discriminated.
8. The details, as contained in Table GOML prepared
by the Commission, giving required information relating to the
petitioner has been referred by the respondent, however, in
absence of information regarding the last candidate under the
BC category, the case of the petitioner can not be adjudicated in
absence of information regarding last candidate, however, the
respondents have placed the following details in respect of a
SC/ST which is as under:
Name of petitioner - Praveen Kumar Singh
Sl.No.-34
Category- ST (Code 03)
Physically Disabled- No
FFD - No
Residence of Bihar - Yes,
Gender - male
Date of Birth -02.11.1977
System Generated total score (i) - 73
Total Manual Generated Score (ii) -6
Interview Marks - 11
Score in Descending Order - 90
9. I find that the Chairman and the Secretary of the
Patna High Court CWJC No.6501 of 2025 dt.24-04-2025
Commission must be more cautious to give correct information
in respect of any information which is required by this Court.
The present is the one case in which the officer and staff of the
office of the Chairman and the Secretary of the Commission
must have provided the information relating to the Backward
Class category candidate. The details of SC/ST category
candidate as referred to above can not be compared with the
Backward Class category candidate, as such, it is contrary to
law of equity and reservation.
10. In such circumstances, this Court has no
alternative than to direct the Secretary of the Commission to
look into the grievance of the petitioner and do the needful in
accordance with law by taking appropriate remedial measure, if
required without harassing the petitioner. The petitioner may be
given due opportunity of hearing.
11. With the above observation and direction, the
present writ petition stands disposed of.
(Purnendu Singh, J)
chn/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.05.2025
Transmission Date NA
