Patna High Court
Anuradha Singh vs The Bihar State University Service ... on 21 March, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.109 of 2025
In
Civil Writ Jurisdiction Case No.7991 of 2024
======================================================
Anuradha Singh Daughter of Sardar Birendra Kumar Singh Resident of
Mohalla-Hari ji ka Hata, Ara, P.S.-Town, District- Bhojpur at Ara.
... ... Appellant/s
Versus
1. The Bihar State University Service Commission, BSEB Academic Building,
Budha Marg, Patna- 800001.
2. The Chairman, the Bihar State University Service Commission, BSEB,
Academic Building, Budha Marg, Patna- 800001.
3. The Secretary, the Bihar State University Service Commission, BSEB,
Academic Building, Budha Marg, Patna- 800001.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amaresh Kumar Singh, Advocate
Mr. Omkar Kumar, Advocate
Mr. Dineshwar Pd. Singh, Advocate
For the Respondent/s : Mr. Pawan Kumar, Advocate
Mr. Utsav, Advocate
Ms. Diksha, Advocate
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 21-03-2025
Heard Mr. Amresh Kumar Singh, learned
Advocate for the appellant/applicant and Mr. Pawan
Kumar, learned Advocate for the respondent/Bihar State
University Service Commission.
Re.: I.A. No. 01 of 2025
2. The learned Advocate for the
Patna High Court L.P.A No.109 of 2025 dt.21-03-2025
2/9
appellant/applicant seeks condonation of the delay of 103
days in preferring this appeal.
3. For the reasons stated in the application,
the delay of 103 days in preferring this appeal is
condoned.
4. I.A. No. 01 of 2025 stands allowed.
Re.: L.P.A. No. 109 of 2025
5. The appellant had applied for the post of
Assistant Professor in the department of Commerce
against the advertisement dated 21.09.2020 issued by
the Bihar State University Service Commission.
6. The Commission, while sorting the
application of the appellant did not mark her for her
teaching experience on the sole ground that the
experience certificate offered by the appellant was not
countersigned by the Registrar of University but was only
signed by the Principal.
7. The contention of the appellant all through
has been that the certificate of experience signed by the
Patna High Court L.P.A No.109 of 2025 dt.21-03-2025
3/9
Principal of the Institute was furnished along with the
application form in time and only later, because of the
vagueness in the advertisement regarding the time-limit
for filing the experience certificate countersigned by the
Registrar of the College/University, it was filed later
additionally. When no marks was awarded to the
appellant for shortlisting her to be considered finally for
selection to the post, she approached this Court vide
C.W.J.C. No. 7991 of 2024.
8. The learned Single Judge vide his
judgment dated 19.09.2024 relying on Braj Kishore
Prasad vs. State of Bihar 1998(3) PLJR 34 and
Bedanga Talukdar vs. Saifudaullah Khan (2011)
12 SCC 85, in which it was held that selection process
had to be conducted strictly in accordance with the
stipulated selection procedure and when a particular
schedule is mentioned in an advertisement, the same has
to be scrupulously maintained and that there cannot be
any relaxation in the terms and conditions of the
Patna High Court L.P.A No.109 of 2025 dt.21-03-2025
4/9
advertisement unless such a power is specifically reserved
in the Rules, refused to interfere and rejected the prayer
of the appellant.
9. Hence, this appeal.
10. The learned counsel for the appellant has
taken the same set of arguments in support of the claim
of the appellant that there is no doubt with respect to the
genuineness of the experience certificate.
11. Apart from this, it has been urged that
the advertisement itself is not very clear as to the last
date for furnishing such certificate countersigned by the
Registrar of the University.
12. The learned counsel for the
respondent/Commission, however, pointed out that the
Statute for appointment as Assistant Professor in the
Universities of Bihar, 2020 provides for a detailed
procedure for the appointment and selection process.
Table-I of the Statute provides the methodology of
distribution of points for shortlisting/selection of
Patna High Court L.P.A No.109 of 2025 dt.21-03-2025
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candidates on the post of Assistant Professor in
Universities. The chart specifies that if the Teaching/Post-
Doctoral experience is less than one year, then the marks
will be reduced proportionately. It may be noted here that
two marks each is awardable for each year experience of
teaching, to the maximum limit of ten marks. It further
clarifies that credit will be given only on the basis of
certificate countersigned by the Registrar of University.
13. On this reading of the Statute, Mr. Pawan
Kumar, learned Advocate for the Commission submits
that the advertisement in question is in complete
consonance with the provisions contained in the Statute
for the selection of Assistant Professors and therefore,
the Commission has all along been insistent on experience
certificate to be acceptable only when it is countersigned
by the Registrar of University.
14. The learned Advocate for the Commission
has also pointed out Clause-5.8 of the advertisement
which states that all certificates and degrees regarding
Patna High Court L.P.A No.109 of 2025 dt.21-03-2025
6/9
educational qualification must have been issued before
02.11.2020
, the closing date for filing the online
application, otherwise the candidate's candidature would
be rejected.
15. However we, on perusal of the facts, are
of the view that not awarding any marks to the appellant
on the basis of her teaching experience only on this
ground would be unfair and would not be in consonance
with the purposive reading of the Statute as also of the
advertisement.
16. The requirement under the advertisement
and the Statute is aimed at relying on a certificate which
is genuine and therefore the insistence for the same to be
countersigned by the Registrar of the University.
17. However, in the advertisement as also in
the Statute with respect to awarding/distributing marks
on the basis of experience, no such indication can be read
implicitly. Nonetheless, the appellant had annexed the
certificate of teaching experience along with the
Patna High Court L.P.A No.109 of 2025 dt.21-03-2025
application form on time. Because of the requirement of
the same certificate having been countersigned by the
Registrar of the University, another certificate
countersigned by the Registrar was filed but after the last
date.
18. Under such circumstances, especially
when the process of selection has not proceeded further
considerably and shortlisting for the Commerce
department has not yet been done, we are of the view
that such hyper-technical approach of the Commission as
also of the learned Single Judge would not lead to fair
treatment of a candidate. In fact, the selection process is
aimed at selecting the best talent with experience.
Shutting out a candidate at the preliminary stage only on
this technical ground would not be in the interest of the
institution as also of the applicant.
19. The learned counsel for the Commission
referred to a judgment of this Court in L.P.A. No. 653 of
2024, in which the same issue was discussed. In one of
Patna High Court L.P.A No.109 of 2025 dt.21-03-2025
the cases, a learned Single Judge of this Court had
allowed that certificate to be awarded marks with respect
to the applicant therein, which was not considered to be
an order or postulation in rem. In the aforenoted
judgment in L.P.A. No. 653 of 2024, referred to above,
the respondent/applicant's submission of the form was
quite belated and at a stage when the selection process
had progressed too far.
20. This would, therefore, not cause any
impediment in consideration of the case of the appellant
in the present circumstance.
21. There has been no dispute with respect to
the fact that the selection process for the department of
Commerce has not yet started.
22. Under such circumstances, we direct the
Commission to consider the case of the appellant for
awarding marks to her on the basis of the certificate of
teaching experience subject to the confirmation of the
fact that the certificate is genuine.
Patna High Court L.P.A No.109 of 2025 dt.21-03-2025
23. With the aforenoted observations, we
allow this appeal to the extent indicated above.
24. This observation of ours is limited to the
facts of the case of the appellant and would not be
treated as precedent generally.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
krishna/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.03.2025
Transmission Date 22.03.2025
