Patna High Court
Dr. Babita Kumari vs The State Of Bihar on 13 October, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12893 of 2024
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Dr. Babita Kumari, Daughter of Prof. R.N. Sharma, Wife of Manoj Kumar,
Resident of Rajeev Nagar, Road No. 9, Near Shiv Mandir Dental Plus, P.O.
Keshrinagar, P.S. Rajeev Nagar, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, 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 Secretary, Bihar State University Service Commission, 8th Floor, BSEB
Building (ADMIN Block), Budh Marg, Patna, Bihar.
6. The Principal Secretary, Department of General Administration,
Government of Bihar, Patna.
7. All the Candidates of UR Category selected and mentioned in the Merit List
Sr. No. 1 to 121 published dated 30.05.2024 contained in the Important
Notice No. B.S.U.S.C./Vigya- 56/2022 (Khand-11)-475 Patna, dated
30.05.2024
through the registrar, of their respective Universities.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocates
Mr. Sanjay Kumar, Advocate
For the State : Mr. Madhukar Mishra, AC to SC- 16
For the BSUSC : Mr. Anjani Kumar, Sr. Advocate
Mr. Alok Kumar Rahi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 13-10-2025
Heard the parties.
2. The petitioner is aggrieved with the Important
Notice, bearing no. BSUSC/Vigya.-56/2022 (Khand-11)-475
Patna, dated 30.05.2024 in connection with Advertisement No.
AP-PSYC-16/20-21 issued by respondent nos. 4 & 5 to the
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
extent whereby the petitioner despite having experience
certificate issued by the Principal, Guru Nanak College, vide
reference no. 6/NS/20/2019 dated 20.02.2019 claimed to have
been counter signed by the Registrar of the concerned
University, the same was not accepted by the respondent
Commission. The petitioner also sought a direction
commanding upon the respondent nos. 4 and 5 to consider her
candidature under Clause 7.2(6) of the Advertisement Notice
dated 21.09.2020 after accepting her experience certificate and
recalculating her marks. Challenge has also been made to the
Important Notice, bearing no. BSUSC/Adv.-56/2022 -1520,
dated 24.12.2022 to the extent whereby the petitioner despite
having experience certificate as per Clause 7.2 of the
Advertisement Notice dated 21.09.2019, though has been found
to be provisionally eligible, but without awarding marks to the
experience gathered by the petitioner.
3. Shorn of details, the respondent Bihar State
University Service Commission (hereinafter referred to as 'the
BSUSC') issued Advertisement No. AP-PSYC-16/20-21 dated
21.09.2020 inviting applications for 4638 posts of Assistant
Professors, including 424 posts in Psychology. The last date for
submission of the Online form was fixed on 02.11.2020 and the
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
submission of the hard copy of the application was prescribed
till 24.11.2020, which was later on extended up to 30.12.2020.
The petitioner being eligible, filled up her application through
Online on 29.11.2020 under the unreserved category and also
submitted the hard copy on 08.12.2020. Vide notice no. BSUSC/
Adv.-56/2022 -1520, dated 24.12.2022, the petitioner was
declared provisionally eligible subject to resolving discrepancy
of father's name in her domicile and matriculation certificate.
By the aforesaid notice the candidates were further directed to
file their objection and upload/send the following requisite
certificates and documents in PDF format vide email till
05.01.2023 by 5:00 PM.
4. It is the case of the petitioner that being a Covid-
19 survivor she could not initially submit her experience
certificate, duly counter signed by the Registrar, due to
pandemic related travel restrictions. However, she later on
submitted all the necessary documents, including experience
certificate, issued from Guru Nanak College, counter signed by
the Registrar, Binod Bihari Mahto Koylanchchal University
along with her objections vide Email dated 23.03.2023 and hard
copy of which on 24.03.2022 and 19.01.2023. Notwithstanding
the aforesaid fact, vide Notice, bearing no. BSUSC/Adv.-
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
56/2022 -145, dated 19.01.2023, the BSUSC particularly
rejected the petitioners' request to consider the experience
certificate, nonetheless, accepted her domicile certificate. The
petitioner was shortlisted for interview vide notice dated
20.01.2023; accordingly she participated in interview on
27.01.2023. The petitioner claimed to have submitted her
experience certificate in required format before the cut off date
of filing objection, but the same has not been considered and
rejected vide Important Notice dated 19.01.2023, hence she
compelled to file representation before the respondent BSUSC,
even well within time granted by the BSUSC itself, but
surprisingly the name of the petitioner did not find place in the
merit list issued vide Notice, bearing no. BSUSC/Vigya.-
56/2022 (Khand-11)-475 Patna, dated 30.05.2024.
5. The petitioner also sought information under
Right to Information Act, 2005, and came to know that her
academic score was 66, Research publication score was 10, 12
marks in the interview was further accorded and aggregate
marks has been scored 88, but the respondent authorities failed
to extend the marks of experience. If the marks of experience
would have been added, then the aggregate comes to 98, but the
candidates possessing minimum marks have been selected under
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
Unreserved category, the cut off marks of which was only 95.
6. Learned Senior Advocate, Mr. Rama Kant
Sharma, for the petitioner narrating the aforesaid facts submitted
that nonetheless, other similarly situated candidates with
deficiency in caste, EWS, NCL, Ph.D. and even experience
certificates, were granted additional time to submit documents
at the time of interview, but the petitioner was discriminated and
deprived from awarding marks of experience certificate, duly
submitted by her. The exclusion of the petitioner besides
arbitrary, irrational and discriminatory, is contrary to Clause 5.1
of the advertisement, lacks transparency and favoured blue eyed
candidates. The shortlisting of the candidates for interview did
not disclose any breakup of marks or itemized or calculation of
marks for the selected candidates under different heads, such as
Academic, Research, Experience, Interview etc. is reflecting
serious irregularity in the selection process.
7. Heavy reliance has been placed on a decision
rendered by the learned Division Bench of this Court in the case
of Anuradha Singh Vs. The Bihar State University Service
Commission & Ors. (L.P.A. No. 109 of 2025), the copy of
which has been placed before this Court. Referring to the
aforesaid decision, Mr. Sharma, learned Senior Advocate
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
vehemently contended that the BSUSC, while sorting the
application of the candidate 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. The learned Single Judge refused to interfere and
rejected the prayer of the candidate/appellant placing reliance
upon the Full Bench decision of this Court in the case of Braj
Kishore Prasad Vs. State of Bihar & Ors. reported in, 1998 (3)
PLJR 34 and the decision of the Hon'ble Supreme Court in the
case of Bedanga Talukdar Vs. Saifudaullah Khan, reported in,
(2011) 12 SCC 85. The learned Division Bench while allowing
the appeal has observed that not awarding any marks to the
appellant on the basis of her teaching experience only on this
ground of not being counter signed would be unfair and would
not be in consonance with the purposive reading of the Statute
as also of the advertisement, especially when the process of
selection has not proceeded further considerably and shortlisting
for the Commerce department has not yet been done. Such
hyper-technical approach of the Commission as also of the
learned Single Judge has been found to be unfair for a
candidate.
8. While concluding the submission, Mr. Sharma,
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
learned Senior Advocate for the petitioner urged before this
Court that as per the information under letter no. 1180 dated
13.08.2024 issued under the signature of Public Information
Officer, BSUSC, Patna, still five seats are vacant in Psychology
department, hence there is no impediment to consider the
candidature of the petitioner after allowing marks of experience,
the certificates of which have already been furnished in terms of
the advertisement.
9. Dispelling the aforesaid contention, Mr. Anjani
Kumar, learned Senior Advocate representing the BSUSC made
a preliminary objection with regard to the maintainability of the
writ petition on account of the entire selection process having
been completed and final merit list was duly published;
consequent thereto the informations have been forwarded to the
Education Department and now the appointments are being
done.
10. Taking this Court through the specific terms and
conditions of the Advertisement, especially Clause 5.8 it is
submitted that all educational certificates/degrees had to be
issued before the closing date of filling application, failing
which the candidature of a candidate would be rejected. As per
Clause 7, marks bifurcated into educational qualification (100
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
marks) containing Graduation, Post Graduation, Ph.D., NET
with JRF, NET, SLET/SET, Research publication, Teaching/Post
Doctoral Experience, Awards and Interview 15 marks. Further
Clause 7.2 contemplates, Teaching/Post Doctoral experience
contains maximum 10 marks (2 marks for one each year) only if
the certificate is counter signed by the Registrar of the
University. The process of awarding marks has also been
disclosed in para.23 of the second counter affidavit filed on
behalf of BSUSC. Referring to Clause 15 of the Advertisement
it is submitted that the candidates should make all entries in the
Online application form with due care. Any change or
modification subsequently will not be acceptable. Commission
will never be responsible for any error in filling the application
form by the candidate, and for any subsequent negative
consequence too, the candidate will himself be responsible. The
date of registration was prescribed by 23.09.2020 and the last
date of filing the Online application was fixed on 02.11.2020
and the submission of the hard copy was prescribed by
24.11.2020, which was later extended up to 30.12.2020.
11. Admittedly, the petitioner has not filed
experience certificate, duly counter signed by the Registrar of
the University within the stipulated period, thus in any view of
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
the matter, the petitioner cannot be allowed marks of the
experience; thus she has received '0' (Zero) marks for
Teaching/Post Doctoral experience. Emphasizing the
requirement of certificate must have been counter signed by the
Registrar in the Advertisement, it is submitted that this issue
was duly crystalized and upheld by this Court vide judgment
dated 12.05.2022, passed in C.W.J.C. No. 5424 of 2022
(Krishna Mohan Singh & Ors. Vs. The State of Bihar & Ors.).
12. Learned Senior Advocate, Mr. Anjani Kumar,
further contended that identical issue has come up for
consideration before the learned Division Bench of this Court in
L.P.A. No. 653 of 2024 (The Bihar State University Service
Commission & Ors. Vs. Amiya Shekhar & Ors.) where the
Court has categorically held that marks under the head of
Teaching/Post Doctoral experience can only be given on the
basis of the certificate counter signed by the Registrar of the
concerned University. Similarly, the Division Bench of this
Court in L.P.A. No. 698 of 2024 (The Bihar State University
Service Commission & Ors. Vs. Anurag Kumar Sinha & Ors.)
vide its judgment dated 24.10.2024 was pleased to reiterate that
submission of Teaching experience certificate, counter signed by
the Registrar, beyond the last date of submission of Online
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
application form would not be entertained.
13. Reliance has also been placed on a Full Bench
decision of this Court in the case of Braj Kishore Prasad Vs.
State of Bihar & Ors., reported in, 1998 (3) PLJR 34 (F.B.),
where the Court underscored the necessity to accord primacy of
the terms and conditions of the advertisement and held that
where the advertisement specifies the last date for filing of
supporting or other documents, the date must be given effect to
and any document received after such date shall be rejected by
the recruiting authority, even if the same is filed before the
finalization of the select list. Reliance has also been placed on
Apex Court decision in the case of Bedanga Talukdar (supra)
where the Court emphasized that when a particular schedule is
mentioned in an advertisement, the same has to be scrupulously
maintained. There cannot be any relaxation in the terms and
conditions of the advertisement unless such a power is
specifically reserved.
14. Reference has also been made to various
orders/judgments rendered by the learned Coordinate Benches
of this Court where the Court refused to entertain the writ
petition on account of belated submission of Teaching
Experience Certificate or NCL Certificate etc. The particulars of
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
the cases have been duly mentioned in para. 37 of the
supplementary/second counter affidavit, duly filed on behalf of
respondent nos. 2, 3 and 4.
15. Having bestowed anxious consideration to the
submission advanced by the learned Senior Advocates for the
respective parties and on consideration of the specific
stipulations made in the advertisement and the materials
available on record, the factual position is admitted to the extent
that the petitioner did not submit her experience certificate by
one reason or the other till the final extended date provided for
filing of the hard copy of the application i.e. 30.12.2020. So far
the contention of the learned Senior Advocate for the petitioner
that in terms with Important notice, bearing no. BSUSC/Adv.-
56/2022 -1520, dated 24.12.2022 whereby the objection was
invited, the petitioner besides removing the objection also
submitted her experience certificate, duly counter signed by the
Registrar through Email on 23.03.2022 and the hard copy on
24.03.2022, the same cannot come to her rescue on the ground
that notice only contemplates that the petitioner was found
provisionally eligible subject to submission of Domicile
certificate, with corrected father's name and his address. The
notice dated 24.12.2022 contains the list of eligible, ineligible
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
and provisionally eligible candidates along with defects, which
were to be cured before the prescribed cut off date and also
invited objections from respective candidates till 05.01.2023, if
there was any error in the published list. The petitioner was also
afforded opportunity, as has been accorded to other candidates,
however, those candidates, with whom the petitioner is seeking
parity, who could not have submitted NCL certificate, which
was an important and essential document to claim reservation
along with their applications, they have been declared eligible,
but under unreserved category. There is none in the list, who
failed to produce the experience certificate, duly counter signed
by the Registrar of the University, as necessitated under Clause
7.2 of the Advertisement was/were allowed to fill up a fresh
application. The petitioner failed to bring on record the name of
any of such candidates and, as such, the claim of the petitioner
to the extent of causing discrimination and mala fide does not
arise.
16. The reliance placed upon the decision rendered
by the Division Bench of this Court in the case of Anuradha
Singh (supra) in L.P.A. No. 109 of 2025, admittedly the
observation of the learned Division Bench was limited to the
facts of the case of the appellant and would not be treated as
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
precedent generally. Further with utmost regard, the learned
Division Bench while differentiating the judgment of the earlier
Division Bench rendered in L.P.A. No. 653 of 2024 has noticed
that in the said case the candidate had submitted the required
certificate quite belatedly and at the stage when the selection
process had progressed too far. But, in the case of Anuradha
Singh (supra) the selection process for the department of
Commerce was not started till such time.
17. It would be worth benefiting to notice that the
learned Division Bench of this Court in L.P.A. No. 653 of 2024
and L.P.A. No. 698 of 2024 has observed that "the experience
certificate, which was not in consonance with the requirement
and the candidate failed to submit the requisite experience
certificate before the last date of application; and all the more
there was not even an attempt made to obtain a certificate in
consonance with the requirement and the petitioner came to this
Court, by the time the selection had progressed considerably. If
such delayed and stale claims are entertained, it will put the
entire selection process to jeopardy. The direction issued in
C.W.J.C. No. 4952 of 2022 for expeditious transmission of
experience certificates to the University and the counter
signature after due verification does not help the petitioner, who
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
before approaching this Court made no attempt to get such
counter signature before submitting the application; under an
advertisement, which mandated such counter signature. Thus,
the learned Division Bench in the above referred cases have
been pleased to set aside the order of the learned Single Judge
whereby direction has been issued to the University to consider
the experience certificate, which was submitted belatedly,
though with the counter signature of the Registrar of the
University.
18. After going through all the above referred
decisions of the Division Bench, this Court is of the opinion that
the petitioner failed to make any attempt to obtain a certificate
in consonance with the requirement before the cut off date for
submission of the experience certificate, duly counter signed by
the Registrar. Hence, in the opinion of this Court, the reliance
placed by the learned Senior Advocate for the petitioner in the
case of Anuradha Singh (supra) is not applicable in the facts of
the present case. The subsequent Division Bench decision
rendered in the case of Dr. Shishu Pal Singh @ Shishu Pal
Singh Vs. The State of Bihar & Ors. (L.P.A. No. 1003 of
2024), which came to be disposed of on 24.07.2025 did not
interfere in the order of the learned coordinate Bench of this
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
Court whereby the Court held that the candidate did not possess
the necessary experience certificate, as the same was not
produced even till the last date mentioned by the selecting
authority.
19. It would be worth benefiting to place paragraph
7 and 8 of the judgment rendered by the learned Division bench
in the case of Dr. Shishu Pal Singh @ Shishu Pal Singh
(supra):
7. The learned Single Judge, also
placed reliance on the Judgment of the Hon'ble
Supreme Court in Bedanga Taukdar v.
Saifudaullah Khan : (2011) 12 SCC 85, and a
Full Bench judgment of his court in the case of
Braj Kishore Prasad v. State of Bihar : 1998 (3)
PLJR 34, where it had been observed that the
selection process has to be conducted strictly in
accordance with the stipulated selection
procedure and the same has to be maintained
unless otherwise specified by the Rules.
8. In the present case, since, the
appellant failed to submit the Experience
Certificate in the prescribed format, before the
cut-off-date mentioned in the advertisement,
therefore, the learned Single Judge had rightly
observed that no valid experience certificate was
produced before the Commission, within the
stipulated period. The judgment of the Hon'ble
Patna High Court CWJC No.12893 of 2024 dt.13-10-2025
Supreme Court, as referred by the learned Single
Judge, clearly states that the Rules and schedule
of recruitment should be strictly followed. The
appellant in this case had though submitted an
experience certificate, same was required to be
counter-signed by the Registrar of the
University, and since the certificate of the
appellant was not counter-signed, therefore, it is
not treated valid.
20. In view of the discussions made hereinabove,
this Court does not find merit to accept the contention of the
petitioner. Accordingly, the present writ petition stands
dismissed.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.10.2025
Transmission Date NA
