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Patna High Court
Dr. Chakrapani Kumar vs The State Of Bihar on 17 March, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7184 of 2025
======================================================
Dr. Chakrapani Kumar Son of Krishna Prasad, Resident of village and Post-
Kanhaipur, P.S. - Mokama, District- Patna, Bihar- 803221.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Old Secretariat, Government of Bihar.
2. The Secretary, Health Department, Old Secretariat, Government of Bihar.
3. The Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg, Bailey
Road, Patna.
4. The Chairman, Bihar Public Service Commission, 15 Jawahar Lal Nehru
Marg, Bailey Road, Patna.
5. The Secretary, Bihar Public Service Commission, 15 Jawahar Lal Nehru
Marg, Bailey Road, Patna.
6. The Examination Controller, Bihar Public Service Commission, 15 Jawahar
Lal Nehru Marg, Bailey Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar, Advocate
For the Respondent/s : Mr. P. K. Shahi, Advocate General
For the BPSC : Mr. Kaushal Kumar Jha, Sr. Advocate
Mr. Amish Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 17-03-2026
The writ petition has been filed by Dr. Chakrapani
Kumar seeking for the following reliefs:
"(i) To hold and declare that
Note (4) to entry (3) of Annexure-B
(Criteria for appointment of Assistant
Professor at Medical College) of Senior
Resident / Tutor and Bihar Medical
Patna High Court CWJC No.7184 of 2025 dt.17-03-2026
Education Service Cadre Recruitment,
Appointment and Promotion Rules, 2008
as substituted by Rule 6 of the Senior
Resident / Tutor and Bihar Medical
Education Service Recruitment,
Appointment and Promotion (Amendment)
Rules, 2013 published through notification
no. 1265(17) dated 28.11.2013 to the
extent that it stipulates that "Such
candidates, to have failed for more than
three occasions in these examinations,
shall not be eligible" as ultra vires the
fundamental rights guaranteed under
Articles 14, 16 & 21 of the Constitution of
India (Annexure P/5, Pg.49).
(ii) To hold and declare that
Note (4) to entry (3) of Annexure-B
(Criteria for appointment of Assistant
Professor at Medical College) of Senior
Resident / Tutor and Bihar Medical
Education Service Cadre Recruitment,
Appointment and Promotion Rules, 2008
as substituted by Rule 6 of the Senior
Resident / Tutor and Bihar Medical
Education Service Recruitment,
Appointment and Promotion (Amendment)
Rules, 2013 published through notification
no. 1265(17) dated 28.11.2013, to the
extent that it stipulates that "Such
candidates, who have failed for more than
Patna High Court CWJC No.7184 of 2025 dt.17-03-2026
three occasions in these examinations,
shall not be eligible" as unconstitutional
for being in contravention of the doctrine
of proportionality.
(iii) To issue an appropriate
writ(s)/ order(s)/ direction(s) in the nature
of certiorari for quashing Note (iii) of
Clause 5 of advertisement no. 17/2025 of
the consolidated advertisement published
by the Bihar Public Service Commission
on 04.04.2025 for appointment on the post
of Assistant Professor in the medical
colleges, to the extent that it stipulates that
",sls vH;FkhZ, tks rhu ls vf/kd voljksa ij
bu ijh{kkvksa esa vuqrzh.kZ gq, gksa , os ik= ughs
gksaxs।" (Annexure-P/6, Pg....).
(iv) To issue an appropriate
writ(s)/ order(s)/ direction(s) in the nature
of mandamus commanding the
respondents to allow the petitioner to
apply against the advertisement no.
17/2025 for the post of Assistant Professor
under Pharmacology Department
published by the Bihar Public Service
Commission on 04.04.2025."
2. Learned Advocate General has produced the
notification dated 09.02.2026 of the Health Department,
Government of Bihar, which has brought certain amendment in
Patna High Court CWJC No.7184 of 2025 dt.17-03-2026
the Senior Resident/Tutor and Bihar Medical Education Service
Recruitment, Appointment and Promotion Rules, 2008 through
the new Rules i.e. Senior Resident/Tutor and Bihar Medical
Education Service Recruitment, Appointment and Promotion
(Amendment) Rules, 2026.
3. Learned Advocate General submits that in view
of such amended Rules, the matter has become infructous.
4. Accordingly, the writ petition stands disposed
of..
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.03.2026
Transmission Date NA
