Dismissed¶¶39

Ragini Kumari v. The State Of Bihar and Ors.

Patna HC5 Jan 2026CWJC/16441/2013

Case brief

AI extract

What is this about?

Recruitment of 25 Peon (Class-IV) posts in the District Court, Saran at Chapra under Employment Notice No. 03/2011 dated 28.04.2011; selection by interview under the Bihar Civil Court Staff (Class III and IV) Rules, 2009; roster points from Sl. No. 27 onward; 3% reservation for backward class female candidates less than one post, hence no earmarked seat; merit list and waiting list of 13 candidates approved by Patna High Court (Letters Nos. 2777, 9603, 3184, 11016); selection effected 15.07.2013; selected candidates not arrayed as necessary parties; writ petition dismissed as devoid of merits in limine.

What did the court decide?

Upon considering the entire material on record, this Court found no illegality in the selection process and held that the reservation policy has not been violated, as alleged by the petitioner. ¶¶35

Ragini Kumari Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16441 of 2013

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======================================================

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Ragini Kumari Daughter Of Janardan Prasad Resident Of Village- Panditpur, P.O.- Rajgir, P.S.- Rajgir, District- Nalanda

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The District and Sessions Judge, Saran, At and P.O.- Chapra, District- Saran

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Basant Kumar Singh, Adv. Mr. Vishesh Kumar Singh, Adv. For the Respondent/s : Mr. Arvind Ujjwal, Adv. Mr. Piyush Lall, Adv.

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====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL JUDGMENT

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Date : 05-01-2026

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1 . The instant Writ petition has been filed by the petitioner for a direction to the respondent No. 2 to select/ appoint the petitioner for the post of peon in the District Court, Saran at Chapra and also to stay process of appointment of the selected candidates.

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2 . The brief facts, as culled out from the Writ petition are that on 18.04.2011, respondent No. 2 published an advertisement for appointment of the post of Peon in Chapra Civil Court vide

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Patna High Court CWJC No.16441 of 2013 dt.05-01-2026 2/7

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Employment Notice No. 03/2011, for filling up 25 posts on temporary basis. The petitioner applied for the said post. After due scrutiny, the appointing authority issued an interview letter dated 22.03.2013, under his signature, fixing the date of interview on 05.04.2013. The petitioner appeared for the interview on the date and time so fixed. The result was published in the daily newspaper “Hindustan” on 18.07.2013 by the appointing authority, wherein 25 candidates were selected in which no female candidate as per roaster has been declared pass.

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3 . It is the specific contention of the Learned counsel for the petitioner that the action of respondent authority is illegal and violative of Principle of natural justice as well as infringement of his fundamental rights and as such the Writ petition has been filed.

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4 . It is pertinent to mention that the petitioner has not challenged the notification of the appointment. The specific prayer of the petitioner is for a direction to appoint and select her to the

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Patna High Court CWJC No.16441 of 2013 dt.05-01-2026 3/7

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post of peon in the District Court Saran at Chapra.

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5 . A counter affidavit on behalf of the respondent No. 2 was filed which disclose that by Letter No. 1279 dated 22.05.2010, the District and Sessions Judge, Saran at Chapra informed the Patna High Court on its administrative side regarding the vacancy position of Class-IV posts in Judgeship of Saran, at Chapra. Thereafter, by Letter No. 11580 dated 09.09.2010, the Patna High Court directed the District and Sessions Judge, Saran at Chapra to proceed to fill up 25 vacancies of Class-IV posts existing in the Judgeship against the sanctioned strength.

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6 . In compliance thereof, an advertisement bearing Employment Notice No. 03/2011 dated 28.04.2011(Annexure-1) was issued by the Judgeship of Saran, at Chapra inviting applications for recruitment of 25 Class-IV posts, specifying the reservation details. Pursuant to the said advertisement, the petitioner also applied for the post of Peon under backward class category.

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7 . The selection process was conducted on

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Patna High Court CWJC No.16441 of 2013 dt.05-01-2026 4/7

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28.04.2011, in accordance with the Bihar Civil Court Staff (Class III and IV) Rules, 2009 by holding interview of eligible candidates, including the petitioner and marks were awarded on the basis of their performance in the interview by the selection committee, of the Judgeship of Saran, at Chapra.

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8 . After completion of the selection process, category-wise merit list as well as waiting list was prepared on the basis of marks obtained by each of the candidates and the same was forwarded to the Patna High Court for approval vide Letter No. 2777 dated 05.07.2013, informing that while preparing merit list, reservation policy of State including roster system has been followed. After due approval by the Patna High Court, the merit list was published.

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9 . The counter affidavit further disclose that 25 posts of peon advertised under employment notice dated 28.04.2011 were to be filled as per roster points from Sl. No. 27 onward as per the reservation rules. It was also found necessary to prepare a waiting list of 13

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Patna High Court CWJC No.16441 of 2013 dt.05-01-2026 5/7

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candidates in continuation of the merit list of 25 candidates, in accordance with merit list and reservation policy. Accordingly, 3% posts under reservation rules of the State Government policy was to be reserved provided for Backward Class female candidates. Since only 25 posts were advertised, the number of 3% of post for female backward class came to be less than one post and, therefore, no post could be earmarked for reservation under the said category.

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10 . By Letter No. 9603 dated 11.07.2013, the Patna High Court informed the District and Sessions Judge, Saran at Chapra that the meritcum-selection list of 25 candidates for appointment on the post of peon has been approved and further a direction has been given for preparation of a waiting list of 13 candidates as per rules. In compliance thereof, a revised waiting list of 13 candidates was sent for approval vide Letter No. 3184 dated 03.08.2013. The same was approved and communicated by the Patna High Court vide Letter No. 11016 dated 23.08.2013. Thereafter, the

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Patna High Court CWJC No.16441 of 2013 dt.05-01-2026 6/7

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approved list of 25 successful candiates was published vide notice dated 15.07.2013 (Annexure4), and the selected candidates were duly appointed to the post of Peon.

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11 . The counter affidavit further disclose that there was no irregularity in the selection process and Writ petition itself is not maintainable in the.

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12 . Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents perused the records.

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13 . Upon considering the entire material on record, neither this Court finds no illegality in the selection process. The reservation policy has not been violated, as alleged by the petitioner. Since no reserved seats for backward class female were available within the 3% limit for a total of 25 posts which would be less than one post. Further, the cause title of the Writ petition disclose that only two respondents have been arrayed as parties and selected candidates have not been arrayed as parties/respondents. The counter affidavit further

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Patna High Court CWJC No.16441 of 2013 dt.05-01-2026 7/7

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disclose that selection of candidates was effected on 15.07.2013 itself and, therefore, the selected candidates are necessary parties to the Writ petition.

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14 . In view of the above discussion, and in the absence of any irregularity in the selection process, the Writ petition is devoid of merits in liminie.

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15 . In result, the Writ petition is dismissed.

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(G. Anupama Chakravarthy, J)

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Manish/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	09.01.2026
Transmission Date

Procedural history

How this case reached the court

AI extract

Order under challenge
Selection and appointment of 25 candidates to the post of Peon pursuant to Employment Notice No. 03/2011, against which the petitioner sought a direction for her own selection/appointment and a stay on the appointment process (the petitioner did not challenge the notification itself).¶¶32
District and Sessions Judge, Saran at Chapra (appointing authority), with approval of the Patna High Court on the administrative side · 15.07.2013
Prior proceeding
By Letter No. 1279 dated 22.05.2010 the District and Sessions Judge, Saran at Chapra reported the vacancy position of Class-IV posts in the Judgeship to the Patna High Court on its administrative side.¶¶21
Prior proceeding
By Letter No. 11580 dated 09.09.2010 the Patna High Court directed the District and Sessions Judge, Saran at Chapra to fill up 25 vacancies of Class-IV posts existing in the Judgeship against the sanctioned strength.¶¶21
Prior proceeding
Advertisement Employment Notice No. 03/2011 dated 28.04.2011 (Annexure-1) invited applications for recruitment of 25 Class-IV posts specifying reservation details; the petitioner applied for the post of Peon under backward class category.¶¶22
Prior proceeding
An interview letter dated 22.03.2013 issued by the appointing authority fixed the interview for 05.04.2013; the petitioner appeared for the interview.¶¶16
Prior proceeding
Selection process conducted on 28.04.2011 in accordance with the Bihar Civil Court Staff (Class III and IV) Rules, 2009 by holding interviews; marks awarded by the selection committee of the Judgeship of Saran at Chapra.¶¶25
Prior proceeding
Per the counter affidavit, the 25 advertised peon posts were to be filled as per roster points from Sl. No. 27 onward; a waiting list of 13 candidates was found necessary; 3% reservation for Backward Class female candidates worked out to less than one post, so no post could be earmarked for that category.¶¶29
Prior proceeding
Category-wise merit list and waiting list prepared on the basis of interview marks and forwarded to the Patna High Court for approval vide Letter No. 2777 dated 05.07.2013, informing that the reservation policy of the State including roster system was followed; after approval the merit list was published.¶¶26
Prior proceeding
By Letter No. 9603 dated 11.07.2013 the Patna High Court approved the merit-cum-selection list of 25 candidates for appointment as peon and directed preparation of a waiting list of 13 candidates as per rules.¶¶30
Prior proceeding
Revised waiting list of 13 candidates sent for approval vide Letter No. 3184 dated 03.08.2013; approved and communicated by the Patna High Court vide Letter No. 11016 dated 23.08.2013.¶¶30
Prior proceeding
Result published in the daily newspaper “Hindustan” on 18.07.2013 by the appointing authority showing 25 candidates selected, with no female candidate declared pass as per roaster (per the writ petition).¶¶16
Prior proceeding
Approved list of 25 successful candidates published vide notice dated 15.07.2013 (Annexure-4); the selected candidates were duly appointed to the post of Peon.¶¶32

Ragini Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ragini Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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