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Somnath Patel vs The State Of Bihar
2026 Latest Caselaw 321 Patna

Citation : 2026 Latest Caselaw 321 Patna
Judgement Date : 6 February, 2026

[Cites 11, Cited by 0]

Patna High Court

Somnath Patel vs The State Of Bihar on 6 February, 2026

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.1373 of 2025
     ======================================================
1.    Rajeev Ranjan S/o Shatrudhan Prasad, Resident of Village- Baldha, P.O.-
      Damodarpur, Baldha, P.S.- Naganausa, District- Nalanda, Bihar- 801305.
2.   Indrajeet Kumar S/o Kameshwar Pal, Resident of Village- Barorah, P.O-
     Tineri, P.S- Guraru, District- Gaya, Bihar-824118.
3.   Amit Kumar Pandey S/o Narayan Pandey, Resident of Village- Piro, P.O.-
     Piro, P.S.- Piro, District- Bhojpur, Bihar- 802207.
4.   Asgar Ali S/o Shamsuzzama, Resident of Village- Marar, P.O.- Marar, P.S-
     Morkahi, District- Khagaria, Bihar- 851205.
5.   Durgesh Kumar S/o Virendra Prasad, Resident of Village- Barorah, P.O-
     Tineri, P.S- Guraru, District- Gaya, Bihar- 824118.
6.   Upendra Kumar S/o Vijay Yadav, Resident of Village- Miragpur, P.O-
     Kadhariya, P.S- Wazirganj, District- Gaya, Bihar- 823003.
7.   Suman Saurav S/o Ramnandan Prasad, Resident of Village- Gurua, P.O-
     Gurua, P.S- Gurua, District- Gaya, Bihar- 824205.
8.   Amit Kumar s/o Arvind Kumar, Resident of Village- Rusulpur Korigawn,
     P.O- Rusulpur Korigawn, P.S- Goraul, District- Vaishali, Bihar- 844114.
9.   Raj Kumar Sharma S/o Basudeo Sharma, Resident of Village- Sekhpura,
     P.O- Ghoshi, P.S- Ghoshi, District- Jehanabad, Bihar- 804406.
10. Pravesh Kumar S/o Keshar Yadav, Resident of Village- Marha Tola Tarwan,
    P.O- Amarut, P.S- Dobhi, District- Gaya, Bihar- 824220.
11. Manish Kumar S/o Kameshwar Das, Resident of Village- Kumbhi, P.O-
    Tilaiya, P.S- Bankey Bazar, District- Gaya, Bihar- 824217.
12. Ranjan Kumar S/o Parmeshwar Singh, Resident of Village- Anant Kamtaul,
    P.O- Anant Kamtaul, P.S- Kurhani, District- Muzaffarpur, Bihar- 844120.
13. Chandramani Kumar S/o Surendra Prasad, Resident of Village- Balchand
    Bigha, P.O- Hemara, P.S- Khizar Sarai, District- Gaya, Bihar- 824233.
14. Rakesh Kumar S/o Kameshwar Yadav, Resident of Village- Chaturi Bigha,
    P.O- Tarari, P.S- Konch, District- Gaya, Bihar- 824207.
15. Atiqur Rahman S/o Motiour Rahman, Resident of Village- Mahawat Toli,
    P.O- Bettiah, P.S.- Bettiah, District- West Champaran, Bihar- 845438.
16. Rupesh Ranjan Kumar S/o Rajendra Singh, Resident of Village- Khutahadih,
    P.O- Khutahadih, P.S.- Barahiya, District- Lakhisarai, Bihar- 811302.
17. Sunil Kumar Paswan S/o Surendra Paswan, Resident of Village- Madhuwan
    Dariyapur, P.O- Parsando, P.S- Haveli Kharagpur, District- Munger, Bihar-
    811213.
18. Gautam Kumar s/o Ishwar Prasad, Resident of Village- Sarsaulla Khurd,
    P.O- Sheohar, P.S- Sheohar, District- Sheohar, Bihar- 843329.
19. Vijay Kumar S/o Jamun Sah, Resident of Village- Chandpipar, P.O-
    Chandpipar, P.S- Bhaptiyahi, District- Supaul, Bihar-852105.
20. Krishan Kumar S/o Devendra Ray, Resident of Village- Narepur West, P.O-
    Bachhwara, P.S- Bachhwara, District- Begusarai, Bihar- 851111.
 Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
                                           2/34




  21. Ajay Kumar Ram S/o Tukar Ram, Resident of Village- Shekhpurwa, P.O-
      Mahual Mahal, P.S- M.H. Nagar Hasanpura, District- Siwan, Bihar- 841240.
  22. Md. Shamsher Alam S/o Md. Sami Alam, Resident of Village- Gogri, P.O-
      Gogri, P.S- Gogri, District- Khagaria, Bihar- 851202.
  23. Shashi Kumar S/o Brijnandan Saw, Resident of Village- Ambari, P.O.-
      Ambari, P.S- Shekhopur Sarai, District- Shekhpura, Bihar- 811103.
  24. Satnam Singh S/o Sukath, Resident of Village- Raghunathpur Tola Bilarua,
      P.O- Rudalpur, P.S- Bhore, District- Gopalganj, Bihar- 841426.
  25. Ankit Kumar S/o Brij Kishor Singh, Resident of Village- Rahimpur, P.O-
      Parsa Bazar, P.S- Parsa Bazar, District- Patna, Bihar- 804453.
  26. Dheeraj Kumar Mehta S/o Bechan Mehta, Resident of Village- Rampur
      Dehru, P.O- Rahua, P.S- Bihariganj, District- Madhepura, Bihar- 852116.
  27. Munna Kumar S/o Suraj Prasad Singh, Resident of Village- Hajipur, P.O-
      Itadhiya, P.S- Dhansoj, District- Buxar, Bihar- 802117.
  28. Pintu Kumar S/o Rameshwar Prasad, Resident of Village- Mataurha, P.O-
      Nadaul P.S- Masaurhi, District- Patna, Bihar- 804454.
  29. Rajesh Kumar S/o Jago Paswan, Resident of Village- Bagrasthansingh, P.O-
      Bagras, P.S- Bakhri, District- Begusarai, Bihar-848201.
  30. Dhiranjan Pal S/o Gurucharan Pal, Resident of Village- Ekariya, P.O- Utren,
      P.S- Konch, District- Gaya, Bihar- 824207.
  31. Danveer Kumar S/o Anandi Mandal, Resident of Village- Athagama, P.O-
      Ghogha, P.S- Khalgaon, District- Bhagalpur, Bihar- 813205.
  32. Tulsi Mandal S/o Bihari Mandal, Resident of Village- Dhouni, P.O-
      Morama, P.S- Rajaun, District- Banka, Bihar- 813107.
  33. Ajay Kumar Yadav S/o Kailash Yadav, Resident of Village- Budhauli, P.O-
      Budhauli, P.S- Pakri Barawan, District- Nawada, Bihar- 805124.
  34. Shubham Kumar Singh S/o Kumod Prasad Singh, Resident of Village-
      Jagdishpur, P.O- Subhai, P.S- Rajapakar, District- Vaishali, Bihar- 844102.
  35. Pappu Kumar S/o Harendra Yadav, Resident of Village- Mahadev Bigha,
      P.O- Jamanganj, P.S- Makhdumpur, District- Jehanabad, Bihar- 804405.

                                                              ... ... Petitioner/s
                                        Versus
  1.    The State of Bihar through the Chief Secretary, Main Secretariat, Patna,
        Bihar- 800015.
  2.    The Principal Secretary, General Administration Department, 1st Floor, Old
        Secretariat Building, Rajbansi Nagar, Patna, Bihar- 800015.
  3.    Bihar Technical Services Commission, through its Chairman, 19, Harding
        Road, Patna, Bihar- 800001.
  4.    Secretary-in-Charge, Bihar Technical Services Commission, 19, Harding
        Road, Patna, Bihar- 800001.

                                                 ... ... Respondent/s
       ======================================================
 Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
                                           3/34




                                            with
                       Civil Writ Jurisdiction Case No. 877 of 2025
       ======================================================
  1.    Somnath Patel S/o Sri Birendra Prasad, Resident of Village- Katrubigha,
        P.O.-Bishai Bigha, P.S.- Parwalpur, District- Nalanda. PIN-801301.
  2.    Jyoti Prakash S/o Late Paltu Yadav Resident of Village- Chigri, P.O.- Chigri,
        P.S.- Kusheshwar Asthan, District- Darbhanga, PIN-848213.
  3.    Ashok Kumar S/o Sri Satya Narayan Singh Resident of At- Narsingha, Post-
        Rajur Rambhadrapur, Shivaji Nagar, P.S.- Hathauri, District- Samastipur.
        PIN-848117.
  4.    Birendra Kumar S/o Late Ram Pukar Mandal Resident of Village- Ghiwahi,
        P.O.- Parsa, P.S.- Hathauri at present Shivajinagar, District- Samastipur, PIN.
        847105.
  5.    Sandeep Kumar Saxena S/o Sri Rameshwar Sahni Resident of Village-
        Malahi Tola, P.O.- Ramgarhwa, P.S.- Ramgarhwa, District- East Champaran,
        PIN-845433.
  6.    Rahul Kumar S/o Sri Satyendra Sharma Resident of Village- Kauri, P.O.-
        Dahiya, P.S.- Khirimore, Anchal- Paliganj, District- Patna, PIN-801110.
  7.    Prince Kumar Singh S/o Sri Srikant Singh Resident of Village- Sultanpokhar
        Kalimander, Ward No. 02, P.O.- Forbesganj, P.S. and Anchal- Forbesganj,,
        District- Araria, PIN-854318.
  8.    Avinash Kumar Singh S/o Sri Binod Kumar Singh Resident of Village and
        Post- Dindayalpur, P.S.- G.B. Nagar, District- Siwan, PIN-841506.
  9.    Ram Pravesh Singh S/o Sri Lakshmi Singh Resident of Village Post-
        Madarna @ Gopinathpur, P.S.- Vaishali, District- Vaishali, PIN-844113.
  10. Mahtab Alam S/o Sri Fasi Ahmad Resident of Village and Post-
      Mohammadpur Koari, Ward No. 08, P.S. Waini, Anchal Pusa, District-
      Samastipur, PIN- 848131.
  11. Mayank Shrivastava S/o Sri Manoj Kumar Resident of Village Mahamadpur
      Badan, Post- Repura Mahadeo, P.S. and Anchal Paroo, District-
      Muzaffarpur, PIN-843107.
  12. Manoj Kumar S/o Sri Ambika Prasad Resident of Village- Badahra, Post and
      P.S.- Gopalpur, District- Gopalganj, PIN-841503.
  13. Amrendra Kumar S/o Sri Tribhuwan Yadav Resident of Village- Aura, Post-
      Shankarpur, P.S.- Rosera, District- Samastipur, PIN-848117.

                                                                     ... ... Petitioner/s
                                         Versus
  1.    The State of Bihar through Additional Chief Secretary, Building
        Construction Department, Govt. of Bihar, Patna.
  2.    The Additional Chief Secretary, Rural Works Department, Govt. of Bihar,
        Patna.
  3.    The Additional Chief Secretary, Planning and Development Department,
        Govt. of Bihar, Patna.
  4.    The Additional Chief Secretary, Urban Development and Housing
 Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
                                           4/34




        Department, Govt. of Bihar, Patna.
  5.    The Additional Chief Secretary, Public Health and Engineering Department,
        Govt. of Bihar, Patna.
  6.    The Additional Chief Secretary, Water Resources Department, Govt. of
        Bihar, Patna.
  7.    The Additional Chief Secretary, Road Construction Department, Govt. of
        Bihar, Patna.
  8.    The Additional Chief Secretary, Minor Water Resources Department, Govt.
        of Bihar, Patna.
  9.    The Chairman, Bihar Technical Service Commission, 19, Harding Road,
        Patna.
  10. The Secretary, Bihar Technical Service Commission, 19, Harding Road,
      Patna.

                                                                ... ... Respondent/s
       ======================================================
                                            with
                       Civil Writ Jurisdiction Case No. 4360 of 2025
       ======================================================
  1.    Satpal Kumar Sahu Son of Ram Briksha Sahu, Resident of Village and P.O-
        Tirhuta, P.S- Babubarhi, District- Madhubani,
  2.    Raju Kumar Son of Ramparvesh Prasad, resident of Village and P.O and P.S-
        Asthawan, District-Nalanda
  3.    Rakesh Ranjan Sinha S/O Rajendra Prasad Sinha, R/O Village -
        Kutwanchak, Jamanganj, PS- Vishnuganj, District - Jehanabad
  4.    Ajeet Kumar S/O Umesh Prasad, R/O Village - Ahiyasa, PO -
        Mohiuddinpur, PS-Ghosi, District - Jehanabad
  5.    Jyoti Prabhakar Raman @ Raman S/O Shivnandan Prasad, R/O Village -
        Asiya, PO - Kedli Patti, PS-Nauhatta, District - Saharsa

                                                                  ... ... Petitioner/s
                                        Versus
  1.    The State of Bihar through Additional Chief Secretary, General
        Administration Department, Government of Bihar, Patna
  2.    The State of Bihar through its Additional Chief Secretary, Planning and
        Development Department, Government of Bihar, Patna
  3.    The Additional Chief Secretary, Urban Development and Housing
        Department, Government of Bihar, Patna
  4.    The Additional Chief Secretary, Rural Works Department, Government of
        Bihar, Patna
  5.    The Additional Chief Secretary, Public Health and Engineering Department,
        Government of Bihar, Patna
  6.    The Additional Chief Secretary, Building Construction Department,
        Government of Bihar, Patna
 Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
                                           5/34




  7.    The Additional Chief Secretary, Water Resource Department, Government of
        Bihar, Patna
  8.    The Additional Chief Secretary, Road Construction Department Government
        of Bihar, Patna
  9.    The Additional Chief Secretary, Minor Water Resource Department,
        Government of Bihar, Patna
  10. The Chairman, Bihar Technical Service Commission, 19 Harding Road,
      Patna
  11. The Secretary, Bihar Technical Service Commission, 19 Harding Road
      Patna,

                                                                ... ... Respondent/s
       ======================================================
                                          with
                     Civil Writ Jurisdiction Case No. 5463 of 2025
       ======================================================
       Arvind Kumar Yadav S/o Sri Tribhuwan Yadav, Resident of Village-Aura,
       P.O.-Shankarpur, Block-Shivaji Nagar, P.S.-Rosera, District-Samastipur, PIN-
       848117.

                                                                  ... ... Petitioner/s
                                         Versus
  1.    The State of Bihar through Additional Chief Secretary, Building
        Construction Department, Govt. of Bihar, Patna.
  2.    The Additional Chief Secretary, Water Resources Department, Govt. of
        Bihar, Patna.
  3.    The Additional Chief Secretary, Road Construction Department, Govt. of
        Bihar, Patna.
  4.    The Chairman, Bihar Technical Service Commission, 19, Harding Road,
        Patna.
  5.    The Secretary, Bihar Technical Service Commission, 19, Harding Road,
        Patna.

                                                                ... ... Respondent/s
       ======================================================
                                            with
                      Civil Writ Jurisdiction Case No. 11177 of 2025
       ======================================================
  1.    Sugriw Ray Son of Pahawari Ray, Resident of Village- Motipur Mauawan,
        P.S.- Kateya, District- Gopalganj.
  2.    Murli Kumar, Son of Ashok Kumar, Resident of Village- Nawada,
        P.S.-,District- Gopalganj.
  3.    Manish Bhardwaj, Son of Bharat Chandra Mishra, Resident of Village-
        Sirisiya, P.S.- Kuchayot, District- Gopalganj.

                                                                  ... ... Petitioner/s
                                             Versus
 Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
                                           6/34




  1.    The State of Bihar through its Additional Chief Secretary, Building
        Construction Department, Govt. of Bihar, Patna.
  2.    The Additional Chief Secretary, Rural Works Department, Govt. of Bihar,
        Patna.
  3.    The Additional Chief Secretary, Planning and Development Department,
        Govt. of Bihar, Patna.
  4.    The Additional Chief Secretary, Urban Development and Housing
        Department, Govt. of Bihar, Patna.
  5.    The Additional Chief Secretary, Public Health and Engineering Department,
        Govt. of Bihar, Patna.
  6.    The Additional Chief Secretary, Water Resource Department, Govt. of Bihar,
        Patna.
  7.    The Additional Chief Secretary, Road Construction Department, Govt.of
        Bihar, Patna.
  8.    The Additional Chief Secretary, Minor Water Resources Department, Govt.
        of Bihar, Patna.
  9.    The Chairman, Bihar Technical Service Commission, 19, Harding Road,
        Patna.

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       (In Civil Writ Jurisdiction Case No. 1373 of 2025)
       For the Petitioner/s      :       Ms. Nivedita Nirvikar,
                                         Sr. Advocate
                                         Mr. Shashank Shekhar, Advocate
                                         Mr. Arya Achint, Advocate
       For the State             :       Mr. Pratik Kumar Sinha, AC to GA-5
       For the BTSC              :       Mr. Nikesh Kumar, Advocate
                                         Mr. Praveen Tiwari, Advocate
       (In Civil Writ Jurisdiction Case No. 877 of 2025)
       For the Petitioner/s      :       Mr. Alok Kumar, Advocate
                                         Mr. Pranav Kumar, Advocate
                                         Mr. Rishabh Kumar Maurya, Advocate
       For the State             :       Mr. Anwar Karim, AC to GP-10
       For the BTSC              :       Mr. Nikesh Kumar, Advocate
                                         Mr. Praveen Tiwari, Advocate
       (In Civil Writ Jurisdiction Case No. 4360 of 2025)
       For the Petitioner/s      :       Mr. Krishna Kant Pandey, Advocate
                                         Mr. Vikash Kukmar Shukla, Advocate
       For the State             :       Mr. Sarvesh Kumar Singh, AAG-13
                                         Mr. Abhinav Alak, AC to AAG-13
       For the BTSC              :       Mr. Nikesh Kumar, Advocate
                                         Mr. Praveen Tiwari, Advocate
       (In Civil Writ Jurisdiction Case No. 5463 of 2025)
       For the Petitioner/s      :       Mr. Alok Kumar, Advocate
                                         Mr. Pranav Kumar, Advocate
 Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
                                           7/34




                                         Mr. Rishabh Kumar Maurya, Advocate
       For the State             :       Mr. Vikash Kumar, SC-11
       For the BTSC              :       Mr. Nikesh Kumar, Advocate
                                         Mr. Praveen Tiwari, Advocate
       (In Civil Writ Jurisdiction Case No. 11177 of 2025)
       For the Petitioner/s      :       Mr. Shashi Ranjan Kumar
       For the Respondent/s      :       Mr. Standing Counsel (04)
       For the BTSC              :       Mr. Nikesh Kumar, Advocate
                                         Mr. Praveen Tiwari, Advocate
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
       CAV JUDGMENT
          Date: 06-02-2026

                             1. All the above writ petitions raise the same

          and identical issue in the matter of selection to the post of

          Junior Engineer, so far as it relates to filling up of vacancies by

          way of horizontal reservation for handicapped candidates and

          relaxation in fitness criteria if sufficient number of candidates

          from this category are not available.

                             2. This Court proposes refer to the facts of

          C.W.J.C. No. 1373 of 2025 taking it as a leading case and the

          same fact is declared to be applicable in respect of the

          remaining writ petitions under consideration.

                             3. In C.W.J.C. No. 1373 of 2025, the writ

          petitioners are 35 in number. Similarly, there are 13 petitioners

          in C.W.J.C. No. 877 of 2025. In C.W.J.C. No. 4360 of 2025,

          there are 5 writ petitioners. C.W.J.C. No. 5463 of 2025 is filed

          by only one writ petitioner. And there are 3 writ petitioners in

          C.W.J.C. No. 11177 of 2025.
 Patna High Court CWJC No.1373 of 2025 dt.06-02-2026
                                            8/34




                             4. C.W.J.C. No. 1373 of 2025 is filed by the

          petitioners, praying for the following reliefs: -

                                                   i. For appropriate
                             order/orders                           or
                             direction/directions in the nature
                             of writ of certiorari for quashing
                             the Final Merit List published on
                             20.12.2024

by the Bihar Technical Services Commission in as much as it is in violation of the principles and provisions of Rights of Persons with Disabilities Act and as such same is discriminatory, illegal, irrational and arbitrary;

ii. For appropriate order/orders or direction/directions in the nature of writ of mandamus for an absolute reservation of 4% of total posts in favour of persons with disabilities and all sub-categories that are covered within its ambit and not allow for arbitrary carry forward of posts to unreserved category for subsequent recruitment;

                                                   iii. For appropriate
                             order/orders                           or

Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

direction/directions in the nature of writ of mandamus for consideration of all petitioners for the posts advertised vide Advertisement No. 01/19 under the category of Persons with Disabilities;

IV. pass any other order/orders as deemed fit and appropriate by this Court.

5. In the other writ petitions, the relief prayed

for are almost similar and identical, though construction of the

same are little different for which the main purpose of filing of

the writ petitions has not been altered or changed.

6. With the introduction, let me describe the fact

of C.W.J.C. No. 1373 of 2025 and other writ petitions.

7. In all the writ petitions, the petitioners are

Diploma holders in Civil Engineering from different

institutions, recognized by All India Council for Technical

Education (hereinafter referred to as "AICTE" for short). As

per the provisions contained in Rights of Persons with

Disabilities Act, 2016 (hereinafter referred to as "2016 Act" for

short), more particularly following the provisions contained in

Section 34 of the 2016 Act, the General Administration

Department issued Resolution No. 13062, dated 12th of Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

October, 2017, stipulating reservation for persons with

disabilities in appointment to Government Services to allow 4

per cent horizontal reservation for persons with disabilities in

all posts and services of the State Government. The aforesaid

resolution dated 12th of October, 2017 states as follows: -

(ix) Where in any recruitment year a vacancy against a post under section 34 of the Rights of Persons with Disabilities Act, 2016 cannot be filled due to non-availability of a person with disability as aforesaid or for any other sufficient reason, it may be filled by interchange between the four categories in the same transaction and only if no person with disability is available for the post in that year, the employer shall fill the vacancy by appointing a person other than a person with disability, hereinafter referred to as the vacancy shall not be carried forward to the next year.

                                                  (xvii)       Horizontal
                             reservation          for      handicapped
                             candidates: The proposed 4%
                             reservation          (1%       for     each

Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

category) for handicapped candidates is horizontal reservation and the selected handicapped candidates will be adjusted in the corresponding category to which they belong (Reserved / Non-reserved).

Adjustment of the selected handicapped candidate will be done against the last roster point used in that transaction.

If no vacancy is available for the selected handicapped candidate in that transaction, then such candidate will be adjusted against the vacancy that will be available in future. (xviii) Relaxation in fitness criteria: For persons with disabilities, if sufficient number of candidates from this category are not available on the basis of general criteria to fill all the reserved vacancies, then candidates from this category should be selected by relaxing the criteria to fill the remaining vacancies reserved for them, provided they are not unsuitable for such post or posts.

Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

8. It is further stated by the petitioners that there

are four categories of persons with disabilities; they are

Orthopedically Handicapped (OH), Visually Handicapped

(VH), Hearing Handicapped (HH) and Mentally Handicapped

(MH). The provisions for 4 per cent horizontal reservation is

applicable to entire categories of persons with disabilities

wherein each sub-category has been given the benefit of 1 per

cent reservation. The resolution, dated 12th of October, 2017

further states that in case a particular category within the entire

umbrella of reservation for the persons with disabilities goes

unfilled, then the candidates from other categories of persons

with disabilities may be selected for the same. On the basis of

resolution, dated 12th of October, 2017, the Bihar Technical

Service Commission (hereinafter referred to as "BTSC" for

short) invited applications for regular appointment to 6379 post

of Junior Engineers (Civil / Mechanical / Electrical) in

different departments of the Government of Bihar, vide

Advertisement No. 1 of 2019, dated 8th of March, 2019. There

were no specific provisions in the advertisement with regard to

allotment of posts to persons with disabilities (PwD) category.

Subsequently, in course of continuation of the process of

recruitment under Advertisement No. 01 of 2019, the General Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

Administration Department issued Resolution No. 962, dated

22nd of January, 2021, regarding inclusion of multiple

disabilities in appointment to State Services. The subject matter

of the resolution, dated 22nd of January, 2021 is as follows: -

fo"k;%& fnO;kaxtu vf/kdkj vf/kfu;e] 2016 ds vUrxZr jkT;k/khu lsokvksa dh fu;qfDr ,oa mPp 'kS{kf.kd laLFkkuksa ds ukekadu esa cgq&fnO;kaxrk dks lfEefyr djus rFkk fnO;kaxtu vf/kdkj vf/kfu;e] 2016 ds izko/kkuksa dks dsUnzh; fnO;kaxtu vf/kdkj vf/kfu;e] 2016 ds vu:i djus ds laca/k esaA Subject:- Regarding inclusion of multiple disabilities in appointment to State services and admission to higher educational institutions under the Rights of Persons with Disabilities Act, 2016 and to make the provisions of the Rights of Persons with Disabilities Act, 2016 consistent with the Central Rights of Persons with Disabilities Act, 2016.

9. Clause - 9 of the said resolution states as Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

follows: -

¼9½ fnO;kaxtu vf/kdkj vf/kfu;e] 2016 dh /kkjk 34 ¼2½ ds vkyksd esa tgka dksbZ fjfDr fdlh HkrhZ o"kZ esa mi;qDr lanfHkZr fnO;kaxtu dh xSj&miyC/krk ds dkj.k ;k dksbZ vU; i;kZIr dkj.k ls Hkjh ugha tk ldsxh ,slh fjfDr xSj vkjf{kr oxZ esa d.kkafdr djrs gq, i'pkRorhZ HkrhZ o"kZ esa vxzf.kr gksxh vkSj i'pkRorhZ HkrhZ o"kZ esa Hkh mi;qDr lanfHkZr fnO;katu miyC/k ugha gksrk gS] rks igys ;g ikap izoxksZa esa ls vnyk&cnyh }kjk gks ldsxh vkSj dsoy tc mDr o"kZ esa Hkh in ds fy, fnO;kaxtu miyC/k ugha gksrk gS] rks fu;ksDrk fdlh fnO;katu ls fHkUu fdlh O;fDr dh fu;qfDr }kjk fjfDr dks Hkj ldsxk% Meaning thereby, that in light of section 34 (2) of the Rights of Persons with Disabilities Act, 2016, where a vacancy cannot be filled in any recruitment year due to non-

availability of a person with disability of the above mentioned category or for any other sufficient reason, such vacancy shall be carried forward to the subsequent recruitment year by being marked in the non-reserved category and if a person with disability of the above mentioned category is not available in the subsequent recruitment year also, then it may be done by interchange among the five categories and only when a person with disability is not available for the post in the said year also, the employer may fill the vacancy by appointing a person other than a person with disability:

Provided that if the nature of Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

vacancies in an establishment is such that persons belonging to the given categories cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government.

10. In accordance with the provisions of Section

34(2) of the Right of Persons with Disabilities Act, 2016, if any

vacancy cannot be filled in any recruitment year due to non-

availability of a person with disability referred to above or for

any other sufficient reason, such vacancy shall be carried

forward to the subsequent recruitment year by being designated

in the non-reserved category and if in the subsequent

recruitment year also a person with disability, referred to

above, is not available, then it may be done by interchange

among the five categories first, and only if in the said year also

a person with disability is not available for the post, then the

employer may fill the vacancy by appointing a person other

than a person with disability, subject to the provision that if the

nature vacancies in an establishment is such that persons

belonging to the given categories cannot be employed, the

vacancies may be interchanged between the five categories

with the prior approval of the appropriate Government. Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

11. It is contended by the petitioners that the

above provisions introduced vide Resolution No. 962, dated

22nd of January, 2021 were entirely contrary to the provisions

given in the earlier resolution, dated 12th of October, 2017. The

new resolution completely changed the procedure of allotment

of posts within the category of PwD by allowing the unfilled

vacancy from a particular sub-category to be transferred to the

unreserved category without considering other candidates

within the different identified sub-categories.

12. The grievance of the petitioners is that the

BTSC published the merit-list on 2nd of April, 2022. In the said

merit-list, it was observed that there was a total 218 posts

reserved for the PwD category. Each sub-category had been

given a certain number of posts, depending on the requirement

of different departments. However, unfilled or left-over seats of

visually handicapped, hearing handicapped and mentally

handicapped categories which had fewer selections than the

allotted seats had been transferred to the orthopedically

handicapped (OH category). As per the following table:-

                       Sub-Category                 Total     Number of
                        under PwD                 Vacancies    selected
                         Category                             candidates
                    Orthopedically                    55         140
                    Handicapped
                    Visually                          56         36

Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

Handicapped

Handicapped

Handicapped Total 218 218

13. It is alleged by the petitioners that the posts

have not been allotted in the above merit-list on the basis of the

resolution dated 12th of October, 2017, which was in operation

on the date of advertisement. In the absence of any provision

with respect to the allotment of posts in various sub-categories

of PwD in the advertisement, the provision of the resolution

which had been published in the official gazette would be

applicable to the candidates applying for the various posts of

Junior Engineers under the said category. This manner of

allotment ensure that total 218 posts being 4 per cent of the

vacancies, horizontal reservation for persons with disabilities

was not reduced or watered down in any way and remained

within the category by adjusting within the sub-categories.

BTSC published the final select list on 19th of April, 2022.

However, the resolution was not published in view of an order

of stay passed by this Court in C.W.J.C. No. 7761 of 2022 on

1st of December, 2022.

14. The petitioners also contends that the

subsequent decision of the respondent to scrap the entire Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

advertisement and ensuing process, some of the candidates

moved the Hon'ble Supreme Court and by its order, dated 4 th of

October, 2024 in the case of Shashi Bhushan Prasad Singh v.

State of Bihar & Ors. (Civil Appeal No. 11030 of 2024),

arising out of S.L.P. (Civil) No. 7257 of 2013), the Hon'ble

Supreme Court held that the scrapping of entire selection

process is not permissible, specially in the light of the

prolonged pendency of the issue and the ensuing rising

vacancies in the State affecting its functioning. The Hon'ble

Supreme Court was pleased to direct the Respondents to

proceed with the fresh select list submitted in compliance with

the order, dated 19th of April, 2022 in C.W.J.C. No. 7312 of

2021, which has attained finality taking into consideration, as

far as possible, the interest of the candidates who were found

successful.

15. It is further contended that as directed by the

Hon'ble Supreme Court, the respondents published a final

merit-list on 20th of December, 2024, on perusal of which it is

found that the BTSC had given the resolution dated 12 th of

October, 2017, a complete go-bye and unlawfully applied the

resolution, dated 22nd of January, 2021. The effect of applying

the resolution, dated 22nd of January, 2021 was that the Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

vacancies within the category of PwD remaining unfilled in a

particular category were not filled up by adjusting from within

the sub-categories. In fact, the unfilled vacancies had been

carried forward to the unreserved category to be filled in the

subsequent year. The candidates in PwD category have further

been split into 60 per cent and 40 per cent of those belonging to

the open category and Bihar Government Polytechnic

Category, respectively. This has been done under the orders of

this Court. A total 130 posts out of 218 posts have been kept

aside for the open category within the 60 per cent

classification, only 92, out of the 130 posts have been filled.

One seat has been kept reserve as per the orders of this Hon'ble

Court and rest 37 posts have been unlawfully carried forward

to the next year under unreserved category. In the 40 per cent

category, only 23 out of 88 posts have been filled and

remaining 65 seats have again been carried forward to the next

year in the unreserved category.

16. The petitioners further alleged that by

applying 2021 resolution, the respondents have purposefully

changed the rule of the game during ongoing recruitment

process. Resolution No. 13062 of 2017 cannot be replaced by a

subsequent resolution of 2021 when the process of recruitment Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

had already been started in the year 2019.

17. The petitioners in C.W.J.C. No. 1373 of

2025 are candidates belonging to the orthopedically

handicapped category who are eligible under the provisions of

the Resolution No. 13062 of 2017 to be considered against the

unfilled vacancies of the other sub-categories of persons with

disabilities.

18. Being aggrieved against the decision of the

respondents and the final select list, they had filed the instant

writ petition for reliefs stated above.

19. Respondent Nos. 3 and 4 BTSC and the

Secretary, Incharge of the BTSC filed a counter affidavit

against the writ petition, denying all the allegations made out in

the instant writ petition.

20. It is contended on behalf of the BTSC that

in view of the provisions contained in Bihar Technical Service

Commission Selection Procedure Rule, 2018, the Commission

is obliged under law to follow directions and instructions of the

State Government as well as the requisitionists department

while conducting any selection process in Technical Service in

the State of Bihar. The State Government nominated the Water

Resources Department as Nodal Department for recruitment of Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

the Junior Engineers and the present recruitment process was

initiated under Bihar Water Resources Department Sub-

ordinate Engineering (Civil) Cadre Recruitment Rules, 2015,

which was later amended by Ordinance No. 3950, dated

07.01.2017 in the name of Bihar Water Resources Department

Sub-ordinate Engineering (Civil) Cadre Recruitment

(Amended) Rules, 2017.

21. It is further submitted by the answering

respondents that the Advertisement No. 1 of 2019 for the post

of Junior Engineers was published in consonance with the

Rules framed by the State Government by virtue of its power

under Article 309 of the Constitution of India after being vetted

by the Water Resources Department.

22. In their counter affidavit, the respondents

also state that the final result was published by the Commission

on 20th of December, 2024/24th of December, 2024 in

compliance with the direction passed by the Hon'ble Supreme

Court in SLP (Civil) No. 7257 of 2023.

23. The respondents further state that by

following the resolution dated 22nd of January, 2021 regarding

the procedure for recruitment and horizontal reservation of

PwD candidates, the BTSC did not change the rule of game as Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

alleged by the petitioners. Clause 2(ix) of the resolution dated

12th of October, 2017 states that the appointments of physically

handicapped persons have to be made in accordance with

Section 34 of the 2016 Act. The resolution, dated 22 nd of

January, 2021 only elaborates the procedure, contained in

Section 34 of the 2016 Act for the purpose of selection.

Therefore, the 2021 resolution is in the nature of

supplementary resolution of 2017 explaining the process of

recruitment of PwD candidates following Section 34 of the

Act.

24. Respondent No. 2, being the Principal

Secretary, General Administration Department, Government of

Bihar has also filed a counter affidavit through the Under

Secretary, General Administration Department, narrating the

same fact as contended by BTSC.

25. This is all about pleadings in C.W.J.C. No.

1373 of 2025.

26. The petitioners of C.W.J.C. No. 1373 of

2025 comes under Orthopedically Handicapped category (OH).

27. The petitioners of C.W.J.C. No. 877 of 2025

also belong to Orthopedically Handicapped category (OH).

28. The petitioners of C.W.J.C. No. 4360 of Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

2025 are also in Orthopedically Handicapped category (OH).

29. The petitioner of C.W.J.C. No. 5463 of 2025

comes under Hearing Handicapped Category (HH).

30. The petitioners of C.W.J.C. No. 11177 of

2025 comes under Orthopedically Handicapped category (OH).

31. This Court has given its anxious

consideration to the rival submissions advanced on behalf of

the parties, perused the pleadings, counter affidavits,

rejoinders, interlocutory applications, supplementary affidavits,

and the documents annexed thereto, as also the statutory

provisions and executive resolutions, governing the field.

32. Upon hearing learned counsel for the parties

and upon perusal of the pleadings and materials available on

record, the following issues arise for consideration in the

present batch of writ petitions:

                                                   (i)             Whether
                                Resolution         No.    13062,       dated
                                12.10.2017, issued by the State
                                   Government and the recruitment
                                process       undertaken,        pursuant
                                thereto, are in conformity with the
                                statutory     scheme,      contained      in
                                Section 34(2) of the Rights               of

Persons with Disabilities Act, 2016?

(ii) If the answer to Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

the aforesaid issue is in the negative, whether any enforceable legal right survives in favour of the petitioners so as to warrant issuance of a writ of mandamus in exercise of jurisdiction under Article 226 of the Constitution of India?

33. The right of persons with benchmark

disabilities in matters of public employment is governed by the

provisions of the Rights of Persons with Disabilities Act, 2016,

which is a Central legislation enacted by Parliament. Section

34 of the Act of 2016 provides for reservation in employment

for persons with benchmark disabilities and prescribes the

statutory framework within which such reservation is to be

implemented.

34. Sub-section (2) of Section 34 lays down the

manner in which vacancies reserved for persons with

benchmark disabilities are to be dealt with in the course of

recruitment. The said provision forms part of the statutory

mandate and constitutes the governing norm in relation to

reservation for persons with disabilities in public employment.

Sub-section (3) of Section 34 empowers the appropriate

Government to issue notification providing for relaxation in Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

upper age limit and other concessions in favour of persons with

benchmark disabilities, as it may consider appropriate.

35. Section 2(b) of the Act defines "appropriate

Government". In relation to establishments under the "State

Government", the "State Government" is the appropriate

Government for the purposes of issuing notifications under the

Act of 2016. Thus, while the State Government is empowered

to grant relaxation in age and other permissible concessions, it

does not possess authority to alter or modify the manner of

recruitment prescribed under Section 34(2) of the Act of 2016.

36. In this background, the Court has examined

Resolution No. 13062, dated 12.10.2017, which forms the basis

of the recruitment process under consideration. The moot

question is whether the manner of recruitment notified under

the said Resolution conforms to the statutory mandate,

contained in Section 34(2) of the Act of 2016.

37. On a plain reading of the Resolution, dated

12.10.2017 and upon comparison with the statutory scheme

under Section 34(2), it appears that the said Resolution does

not strictly adhere to the manner of recruitment contemplated

under the Act of 2016. The Resolution introduces a recruitment

methodology which does not fully align with the statutory Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

framework enacted by Parliament. Since the statute occupies

the field, any executive instruction or resolution must conform

strictly to the statutory provisions and cannot operate in

deviation thereof.

38. The limits of delegated legislation are well

settled. In Rajnarain Singh v. Chairman, Patna

Administration Committee, reported in AIR 1954 SC 569, the

Hon'ble Supreme Court held that although delegation of

legislative power is permissible, the delegatee cannot alter the

essential policy or features of the parent statute and any

modification affecting the statutory scheme would be ultra

vires. Executive instructions or resolutions must, therefore,

operate strictly within the statutory framework and cannot

travel beyond it.

39. It is well settled that executive instructions

cannot override statutory provisions and must yield to the

parent enactment. The Hon'ble Supreme Court in Sant Ram

Sharma v. State of Rajasthan, reported in AIR 1967 SC 1910,

has held that the Government cannot amend or supersede

statutory rules by administrative instructions.

40. Similarly, in State of Tamil Nadu v. P.

Krishnamurthy, reported in (2006) 4 SCC 517, it has been Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

held that delegated or executive instructions are liable to be

invalidated if they run contrary to the parent statute.

41. The subsequent Resolution issued in the

year 2021 has been described by the respondents as

clarificatory or supplementary in nature. However, once the

foundational resolution itself is found not to be in strict

conformity with the statutory mandate under Section 34(2), the

entire recruitment process undertaken on the basis of such

framework becomes legally vulnerable.

42. The Court is conscious of the fact that the

recruitment process in question has undergone several stages

and that select lists have been prepared from time to time.

However, if the very basis of recruitment is not in consonance

with the governing Statute, the Court cannot undertake the

exercise of restructuring or reconstructing the selection

process. In exercise of jurisdiction under Article 226 of the

Constitution of India, this Court is not expected to assume the

role of a recruiting authority or to redesign the selection

mechanism.

43. The Hon'ble Supreme Court in State of U.P.

v. Rajkumar Sharma, reported in (2006) 3 SCC 330, has held

that if the selection process is vitiated, the entire selection has Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

to go and it is not for the Court to undertake the exercise of

preparing a fresh select list or rearranging the merit. It is

equally well settled that even a successful candidate does not

acquire an indefeasible right of appointment.

44. In Shankarsan Dash v. Union of India,

reported in (1991) 3 SCC 47, the Hon'ble Supreme Court has

held that a candidate included in a select list does not acquire

any indefeasible right of appointment and no mandamus can be

issued in absence of a subsisting legal right.

45. It is, thus, evident that where the statutory

foundation of the recruitment process itself is found to be

inconsistent with the governing law, no enforceable right

accrues in favour of any candidate seeking appointment

pursuant to such process. In such a situation, this Court cannot

direct continuation or modification of a recruitment process,

which is not strictly in conformity with the statutory mandate.

46. In view of the discussions made

hereinabove, this Court is of the considered opinion that

Resolution No. 13062, dated 12.10.2017, forming the basis of

the recruitment in question, does not strictly conform to the

statutory scheme contained in Section 34 (2) of the Rights of

Persons with Disabilities Act, 2016. Consequently, the Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

recruitment process undertaken pursuant thereto cannot be

sustained in its present form.

47. Once the foundational framework of

recruitment is found to be legally inconsistent with the

governing Statute, the selection process becomes suspect. In

these batch of writ petitions, the writ petitioners have claimed

for appropriate order/orders, direction/directions in the nature

of writ of certiorari for quashing the final merit-list published

on 20th of December, 2023 by the Bihar Technical Service

Commission inasmuch as it is in violation of the principles and

provisions of Rights of Persons with Disabilities Act. The

Clauses 2 (viii) and (ix) of the 2017 Resolution lays down the

process of recruitment of person with disabilities in

reservation. The above-mentioned provisions are quoted

below: -

(viii) ततकालीन कारररक एवं प्रशासरनक सु धार रवभाग समप्ररत सारानय प्रशासन रवभाग, रबहार, पटना दारा प्रावधारनत आदशर रोसटर के आलोक

रे उ D त रदवयां गो को रनEukaa रकत श्रखृं ला के अनतगरत आरकण दे य होगा:-

(क) द`रषट रदवयां गता - रोसटर रबनदु-01 से 25 तक = 01 पद

(ख) रूक बरधर रदवयां गता - रोसटर रबनदु-26 से 50 तक = 01 पद

(ग) चलन रदवयां गता - रोसटर रबनदु-51 से 75 तक = 01 पद।

(घ) रनोरवकार रदवयां गता - रोसटर रबनदु-76 से 100 तक = 01 पद

Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

यरद रकसी सरवयहार रे रोसटर रबनदु- 13 तक वयवहत हो रहा हो तथा उसके रवरद आरकण के आधार पर द`रषट रदवयां गता से ग्ररसत एक उमरीदवार चयरनत हो जाता है , तो अगले रोसटर रबनदु-25 तक रकसी अनय द`रषट रदवयां ग उमरीदवार हे तु आरकण दे य नहीं होगा। इसी क् रर रे रोसटर रबनदु-38,

63 एवं a 88 तक क् ररशः रूक बरधर रदवयां ग, चलन रदवयां ग एवं रनोरवकार रदवयां ग उमरीदवार चयरनत हो जाते है , तो क् ररशः रोसटर रबनदु-50, 75 एवं 100 तक अनय रदवयां ग उमरीदवार हे तु आरकण दे य नहीं होगा।

परनतु यरद रकसी सथापना रे रररकतयो की प्रकृरत ऐसी हो रक रकसी रनरशचत प्रवगर के उमरीदवार को रनयोरजत नहीं रकया जा सकता है , तो

रररकत;kWa सरकार के पूवर अनु रोदन से चारो प्रव XkksZa के बीच परसपर पररवरतरत की जा सकेगी।

रकसी से वा सं वगर रे की गई रनयु रकत प्रोननरत के तु रं त बाद अलग रोसटर पं जी रे उसकी प्ररवरषट की जाये गी और रदवयां गता से ग्रसत उपयु रकत चारो श्रेरणयो के रजस वयरकत की रनयु रकत / प्रोननरत रजस रोसटर रबनदु के रवरद की गई है , वहां उनकी प्ररवरषट की जाय और अमयु रकत कॉलर रे सपषट रप से उलले ख रकया जाये गा रक इनकी रनयु रकत / प्रोननरत रदवयां ग कोरट के अनतगरत की गई है (रदवयां गता से ग्ररसत अभयरथरयो के रलए आरकण रोसटर प्रपत्र सलगन)।

(ix) जहाँ रकसी भतीर वरर रे रदवयां गजन अरधकार अरधरनयर, 2016 की धारा 34 के अधीन रकसी रररकत के रवरद उपयु रकत रदवयां ग वयरकत की अनु पलबधता के कारण या रकनहीa अनय पयारपत कारण से भरा नहीं जा सकता है , तो इसे उसी

सरवयवहार रे चारो प्रव xksZa के बीच परसपर पररवतरन Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

दारा भरा जा सकेगा और केवल तभी जब उस वरर रे पद के रलए कोई रदवयां ग वयरकत उपलबध नहीं है , रनयोजक रदवयां ग वयरकत से रभनन रकसी अनय वयरकत की रनयु रकत करके रररकत को भरे गा, वहां ऐसी रररकत अगले वरर रे अग्ररणत नहीं की जाये गी।"

48. The plain reading of the aforesaid provision

states that if candidates with particular disability as stated in

Clause-(viii) is not available, the said vacancy can be filled up

with the prior permission of the Government by interchanging

the successful categories belonging to the persons with

disability.

49. It further states in Clause-(ix) that where in

any recruitment year, a vacancy cannot be filled up under

Section 34 of the Rights of Persons with Disabilities Act, 2016

due to non-availability of the person with disability mentioned

above or for any other sufficient reason, it may be filled up by

interchange between the four categories in the same transaction

and only if no person with disability is available for the post in

that year, the employer shall fill up the vacancy by appointing a

person other than a person with disability, where such vacancy

shall not be carried forward to the next year.

50. Section 34 (2) of the Rights of Persons with

Disabilities Act, 2016 runs thus: -

"34. (2) Where in any recruitment year Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:

Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government."

51. If the provisions contained in 2017 Rules

are examined qua Section 34 (2) of 2016 Act, it is found that

the Clauses-2 (viii) and (ix) were not in conformity with the

provisions of the Statute. Therefore, the General

Administration Department was compelled to pass notification

in the year 2021 in conformity with the manner of recruitment Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

to fill up the vacancies reserved for the persons with

disabilities.

52. I have already discussed with supporting

judgments of the Hon'ble Supreme Court that any recruitment

notification de hors the Statue is ultra vires to the Statute. The

petitioners are claiming recruitment following 2017 Rules,

which is not in conformity with the declaration of reservation

of vacancies in establishments meant for persons with

disabilities and the manner of recruitment to fill up such

vacancies. This is the principal reason followed by the BTSC

to fill up the vacancies reserved for persons with disabilities in

the manner provided in Section 34 of the 2016 Act.

53. The petitioners cannot claim their right of

recruitment following 2017 Rules, when the Rule is ultra vires

to the Statute.

54. It is needless to say that 2016 Act is the

source of the right of persons with disabilities to get the

reservation in jobs in government establishments. If a Rule is

framed by the Government by a process of delegated

legislation and it is found that the Rule is not in conformity

with the statutory provisions, the executive authority is always

empowered to publish subsequent rule in conformity with the Patna High Court CWJC No.1373 of 2025 dt.06-02-2026

Act. This Act on the part of the executive authority cannot be

challenged on the ground of altering the rule of the game after

the game is started because the rule of the game also derives its

authority from the Statute. If statutory indictment is corrected

by a subsequent notification after initiation of selection

process, the same cannot be called into question on the ground

that executive authority has been trying to change the rule of

the game.

55. For the reasons stated above I do not find

any merit in these batch of writ petitions.

56. Therefore, the writ petitions, bearing

C.W.J.C. Nos. 1373 of 2025, 877 of 2025, 4360 of 2025,

5463 of 2025 and 11177 of 2025, are hereby dismissed.

57. However, there shall be no order as to costs.

(Bibek Chaudhuri, J) skm/-

AFR/NAFR                AFR
CAV DATE                27.01.2026
Uploading Date          06.02.2026
Transmission Date       N/A
 

 
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