Disposed¶30

Ruby Kumari @ Dr. Ruby Kumari v. The State of Bihar

Patna HC17 Mar 2026CWJC/3618/2026

Case brief

AI extract

What is this about?

Ruby Kumari @ Dr. Ruby Kumari v. State of Bihar; Patna High Court CWJC No.3618 of 2026; decided 17-03-2026 by Dr. Anshuman, J.; seniority as Assistant Professor from notification memo no.-416(17) dated 14-04-2020; Advertisement No.-20/2017 BPSC; Gynecology and Obstetrics; representation Annexure-P/8 rejected by respondent authority; writ petition disposed of with liberty to file fresh writ petition against rejection order; no private respondent added; no merits decided; NAFR.

What did the court decide?

Liberty to the petitioner to file a fresh writ petition against the rejection order of her representation (Annexure-P/8) and to pursue any other relief as advised by her counsel. ¶30

Ruby Kumari @ Dr. Ruby Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a fresh writ petition against the rejection order of her representation (Annexure-P/8) and to pursue any other relief as advised by her counsel.

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Issue for consideration

Whether the petitioner's seniority on the post of Assistant Professor should be reckoned from the date of issuance of the notification vide memo no.-416(17) dated 14-04-2020 (Advertisement No.-20/2017, BPSC), with consequential benefits, parity of length of service with Assistant Professors appointed vide that memo, and promotion as Associate Professor. +1 more

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Ratio / Principle

The writ petition is disposed of with liberty granted to the petitioner to file a fresh writ petition against the rejection order of her representation and to pursue any other relief as advised by her counsel.

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Key takeaways

The Court observed that no private respondent had been added to the writ petition whose rights would be affected by the rejection order.obiter¶31

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.3618 of 2026 (oral judgment dated 17-03-2026, Dr. Anshuman, J.) - Ruby Kumari @ Dr. Ruby Kumari v. State of Bihar and others. The petitioner, an Assistant Professor appointee under Advertisement No.-20/2017 issued by BPSC, sought seniority on the post of Assistant Professor from the date of issuance of the notification vide memo no.-416(17) dated 14-04-2020 issued by Respondent no.-4, parity of length of service with Assistant Professors appointed vide that memo, and promotion as Associate Professor with monetary and consequential benefits. During hearing, counsel reported that the petitioner's representation (Annexure-P/8) pending before Respondent No.3, the Principal Secretary, Health Department, had been decided and rejected by the respondent authority, and sought disposal of the petition with liberty to challenge the rejection order. The State counsel raised no objection. The Court disposed of the writ petition granting the petitioner liberty to file a fresh writ petition against the rejection order and to seek any other relief as advised, observing that no private respondent had been added to the writ petition whose rights would be affected by the rejection order. No statute or precedent was cited; no substantive seniority question was decided on merits.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3618 of 2026

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

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Ruby Kumari @ Dr. Ruby Kumari W/o. Shri Siddharth Bharti, Residing at Near I.D.B.I. Bank, College Road, Kaura Maidan, P.O. Sadar Munger, P.S. Kasim Bazar, District- Munger, Bihar-811201

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... ... Petitioner/s

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Versus

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The State of Bihar Rep. Thr. The Additional Chief Secretary, Department of Health, Govt. of Bihar, Patna;

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The Principle Secretary, General Administration, Govt. of Bihar, Patna;

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The Principle Secretary, Department of Health, Government of Bihar, Patna

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The Under Secretary, Department of Health, Govt. of Bihar, Patna.

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The Special Secretary, Department of Health, Govt. of Bihar, Patna.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Bihari, Advocate For the Respondent/s : Mr. Rajeshwar Singh, GA-10 Mr. Pramendra Kumar Singh, AC to GA-10

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

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 17-03-2026

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present writ petition has been filed with the

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following reliefs:

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“(i). To issue a writ of Mandamus or any other appropriate writ/order/direction commanding and directing the respondents to consider the seniority of the Petitioner on the post of Assistant Professor from the date of issuance of notification issued by Respondent no.-4 vide memo no.- 416 (17) dated 14-04-2020 by which various candidates were recommended for appointment as

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Patna High Court CWJC No.3618 of 2026 dt.17-03-2026 2/3

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Probationary Assistant Professor in Level-11 (67,700-1,64,800) of the revised pay scale (with subsistence allowance and other allowances approved by the State Government from time to time) and were posted in the various Medical Colleges in Gynecology and Obstetrics in the light of Advertisement No.-20/2017 issued by BPSC from the date of assuming charge.

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(ii) To grant seniority with all consequential benefits as are being given to Assistant Professors who were appointed vide memo no.- 416 (17) dated 14-04-2020 issued by Respondent no.-4.

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(iii) To treat the length of services of this Petitioner at par with the length of services of other Assistant Professors who were appointed vide memo no. 416 (17) dated 14-04-2020 issued by Respondent no.-4 as they are also appointee under the same Advertisement No.-20/2017 issued by BPSC.

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(iv) To promote the Petitioner as Associate Professor with all monetary and consequential benefits as has been done to Assistant Professors who were appointed vide memo no.-416 (17) dated 14-04-2020 issued by Health Department, Govt. of Bihar, Patna.

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(v) Any other relief or reliefs which the petitioner may be found entitled to in the facts and circumstances of the present case.”

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Learned Counsel for the petitioner submits that at

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Patna High Court CWJC No.3618 of 2026 dt.17-03-2026 3/3

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the time of filing of the present writ petition, representation was pending before respondent No.3, the Principal Secretary, Health Department, Government of Bihar,Patna, vide Annexure-P/8 but he submits that he has received information from his client that the respondent authority has taken decision on AnnexureP/8 and rejected the representation of the petitioner. It is due to this reason, he submits that writ petition may be disposed off granting liberty to the petitioner to challenge the rejection order of the representation.

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Learned Counsel for the State has no objection for

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the same.

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In the light of the submissions made, let the writ petition be disposed off granting liberty to the petitioner to file fresh writ petition against rejection order as well as any other relief which has been so advised by his Counsel.

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It transpires to this Court that there is no private respondent added in this writ petition whose right is going to be effected by the rejection order.

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(Dr. Anshuman, J)

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Mkr./-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	18.03.2026
Transmission Date

Ruby Kumari @ Dr. Ruby Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ruby Kumari @ Dr. Ruby Kumari v. The State of Bihar

Case brief

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