Patna High Court
Dr. Prabhat Bharti vs The Bihar State University Service ... on 8 October, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.529 of 2025
In
Civil Writ Jurisdiction Case No.13391 of 2024
======================================================
Dr. Prabhat Bharti, S/o Dhaneshwar Prasad Singh, R/o Kusumanjali,
Prakashpath, New Zero Mile, P.O. Bhikanpur (Umanagar), P.S. Ahiyapur,
District-Muzaffarpur, Bihar, 842004, presently residing at Village-Sarhanchia,
Via- Rampur Hari, P.S. Aurai, District- Muzaffarpur.
... ... Appellant/s
Versus
1. The Bihar State University Service Commission through its Chairman, 8th
Floor, Bihar School Examination Board Academic Building, Buddha Marg,
Patna-800001
2. The Chairman, Bihar State University Service Commission, 8th Floor, Bihar
School Examination Board Academic Building, Buddha Marg, Patna 800001
3. The Secretary, Bihar State University Service Commission, 8th Floor, Bihar
School Examination Board Academic Building, Buddha Marg, Patna 800001
4. The Aryabhatta Knowledge University Patna through the Registrar, the
Administrative Block, Mithapur, Patna, Bihar-800001
5. The Vice-Chancellor-Aryabhatta Knowledge University, Patna, the
Administrative Block, Mithapur, Patna, Bihar-800001
6. The Registrar, Aryabhatta Knowledge University, the Administrative Block,
Mithapur, Patna, Bihar-800001
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar, Advocate
For the Respondent/s : Mr.Harsh Singh, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 08-10-2025
The appellant has assailed the order of the learned
Single Judge dated 14.11.2024 passed in CWJC No. 13391 of
2024. It is a short order. It reads as under:-
"Heard learned counsel for the
Patna High Court L.P.A No.529 of 2025 dt.08-10-2025
2/4
petitioners and respondents.
2. These writ applications have been
filed for the following reliefs:-
(i). For issuance of an order,
direction or a writ of mandamus for
directing the respondent Bihar State
University Service Commission to
accept the experience certificates in
favour of the petitioners duly
countersigned by the Learned
Registrar, Aryabhatta Knowledge
University, the details whereof are as
follows: -
(a) Experience
certificate dated 12.01.2018
issued by Nalanda College of
Engineering and experience
certificate dated 28.02020
issued by Sitamarha Institute of
Technology. Sitamarhi both
issued in favour of the
petitioner no. 1 and
countersigned by the Learned
Registrar, Aryabhatta
Knowledge University
27.07.2024
.
(b) Experience
certificate dated 26.09.2020
issued by Bhagalpur College of
Engineering and experience
certificate dated 01.10.2020
issued by Katihar Engineering
College both countersigned by
the Learned Registrar,
Aryabhatta Knowledge
University on 19.02.2024,
issued in favour of the
petitioner no.2.
(ii). For issuance of an order,
direction or an appropriate writ of
Patna High Court L.P.A No.529 of 2025 dt.08-10-2025
mandamus for directing the respondent
Bihar State University Service Commission
to consider the aforesaid experience
certificates for awarding marks under the
heading for experience against
advertisement dated 21.09.2020 issued by
it for appointment on vacant post of
Assistant Professor in different Universities
and Constituent Colleges of the Education
Department, Government of Bihar, Patna
in so far as the recruitment in the subject of
Chemistry is concerned.
(iii). For issuance of an order,
direction or an appropriate writ for staying
the further process of recruitment in the
subject of Chemistry against advertisement
dated 21.09.2020 issued by the Bihar State
University Service Commission during the
pendency of the present writ application or
for directing the respondents to keep two
posts in the subject of Chemistry vacant
until disposal of these writ applications.
3. The issues raised in these writ
applications are no more res integra, as these
issues were already decided by the Division
Bench of this Court in L.P.A. No. 653 of 2024 in
C.W.J.C. No. 16795 of 2023 dated 06.09.2024.
4. Mr. Kumar Kaushik, learned
counsel appearing on behalf of the petitioners
accepts this fact that L.P.A. No. 653 of 2024 has
been decided against the persons having
identical issues in the writ application akin to
that of the writ petitioners herein.
5. Accordingly, I do not find any merit
Patna High Court L.P.A No.529 of 2025 dt.08-10-2025
in these applications. The same stands
dismissed."
2. Perusal of the same, it is evident that learned Single
Judge has relied on a decision dated 06.09.2024 passed in LPA
No. 653 of 2024. In this regard, appellant, if he is distinguishing
LPA decision, in that event, appellant has a remedy of filing
Civil Review and not the present LPA.
3. Accordingly, the present LPA stands disposed of
reserving liberty to the appellant to file Civil Review, if he
wants to distinguish the decision in LPA No. 653 of 2024.
(P. B. Bajanthri, CJ)
(Alok Kumar Sinha, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 09.10.2025
Transmission Date
