Citation : 2026 Latest Caselaw 184 Patna
Judgement Date : 27 January, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6201 of 2025
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Ruchika Ranjan W/o Raushan Prakash, R/o B-12, Housing Colony, P.O.-
Lohia Nagar, P.S.-Kankarbagh, District-Patna-800020, at present residing at
House No.-410, Block-D-16, Sector-7, Rohini, Delhi-100085.
... ... Petitioner/s
Versus
1. The Bihar State University Service Commission through its Secretary, Patna.
2. The Secretary, The Bihar State University Service Commission, Patna.
3. The Principal Secretary, Education Department, Government of Bihar,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madan Prasad Singh No.2, Adv.
Mr. Dharmendra Kumar Raju, Adv.
For the State : Mr. Yogendra Pd. Sinha, AAG 7
Mr. AC to AAG 7
For the BSUSC : Mr. Tuhin Shankar, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 27-01-2026
Heard the parties.
2. The petitioner is aggrieved with the information
No. BSUSC 762 dated 13.03.2025 whereunder the petitioner's
application at sl No. 838 has been rejected on the ground of her
Ph.D. Degree is of the year 2006 and the certificate of (5) five
point has been submitted after the cut off date as prescribed in
the advertisement, besides the petitioner has no qualification of
NET/BET.
3. The facts of the case as briefly stated in the writ
petition are that the petitioner, an aspirant for the post of
Assistant Professor in Political Science in terms with the
Patna High Court CWJC No.6201 of 2025 dt.27-01-2026
2/5
Advertisement No. 762 dated 21.09.2020 issued by the Bihar
State University Service Commission (in short 'Commission'),
submitted her application. It is to be noted that the last date for
submission of application was scheduled till 02.11.2020. The
Commission further issued communication that the last date for
receipt of application on Commission's web portal was extended
upto 10.12.2020 and for hard copy has been extended upto
30.12.2020.
4
. Learned Advocate for the petitioner submitted that
the very rejection of the candidature of the petitioner is out and
out unsustainable in law as well as on facts, besides it shows
non application of mind. Since the petitioner was not required to
pass NET/BET as she had already passed Ph.D. examination on
20.11.2006, hence as per the requirement in the advertisement
which clearly stipulates that those who have been acquired
Ph.D. Degree in accordance with the UGC Regulation 2009 and
2016 are exempted from passing NET/BET. It is further
contended that all the certificates were duly attached with the
application and the same was uploaded on the web portal of the
Commission before the cut off date. However, (5) five point
certificate has been issued belatedly vide letter No. 1071/20
dated 23.12.2020 by the Magadh University, the same was sent Patna High Court CWJC No.6201 of 2025 dt.27-01-2026
to the Commission on 25.12.2020 under Speed Post, much prior
to the last date prescribed for submitting hard copy of the
certificates along with application. In the aforesaid premise, it is
submitted that the rejection of the candidature of the petitioner
is out and out arbitrary and illegal.
5. Mr. Tuhin Shankar, learned Advocate for the
Commission submitted that the date for uploading the
application form and the relevant documents were duly
prescribed by the Commission and the petitioner was required to
upload all the documents along with the certificate before the
cut off date 10.12.2020. However, the petitioner failed to do so
and subsequent thereto, the petitioner has sent the Ph.D. (5) five
point certificate through Speed Post which was not at all
acceptable in terms with the advertisement, especially Clause
11.1 and Clause 15. It is further submitted that the hard copy of
only those documents could be filed which have already been
uploaded in the web portal of the Commission since the
petitioner has failed to upload the Ph.D. (5) five point certificate
before the cut off date of 10.12.2020, his candidature has rightly
been rejected.
6. The identical issue has come up for consideration
before this Court in CWJC No. 10670 of 2024 along with other Patna High Court CWJC No.6201 of 2025 dt.27-01-2026
analogous cases which came to be disposed of by the coordinate
Bench of this Court on 27.07.2024, wherein the Court has been
pleased to hold that the selection process must be conducted
strictly in accordance with the stipulated procedure in the
advertisement. Moreover, the petitioner's candidature cannot be
accepted on the strength of Ph.D. (5) five point criteria,
certificate signed by the Registrar of the concerned University,
submitted subsequent to the last date of submission of the
application prescribed in the advertisement or the time
extended for such submission by the Commission. Similar issue
has also come up for consideration in CWJC No. 17367 of
2024, wherein the Court has refused to extend the relief after
having found that the Ph.D. (5) five point certificate has not
been submitted in terms with the advertisement. Besides the
aforesaid fact, the Court has also taken note of the fact that the
selection process has already been completed and the
candidates have been selected and in the event if the writ
application is allowed, one candidate in the category of the
petitioner shall be ousted but then the petitioner has not been
impleaded the last candidate in her category as a respondent
which further makes the writ application vulnerable. Further in
CWJC No. 10262 of 2024, this Court has held that the cut off Patna High Court CWJC No.6201 of 2025 dt.27-01-2026
date as prescribed in the advertisement should be scrupulously
followed, failing which the candidate is not eligible to get the
benefit.
7. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the legal position as well as the admitted fact that the
petitioner failed to submit her application alongwith Ph.D. (5)
five point certificate before the cut off date which was
prescribed for uploading all the documents, in terms with the
specific stipulation of the captioned advertisement, besides the
facts, the entire selection procedure has culminated with the
appointment of the successful candidates, this Court does not
find any merit in the writ petition. Accordingly, the same stands
dismissed.
(Harish Kumar, J) Anjani/-
AFR/NAFR CAV DATE Uploading Date 30.01.2026 Transmission Date
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