Dr. Chakrapani Kumar Vs The State of Bihar

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 PostKanhaipur, P.S. - Mokama, District- Patna, Bihar- 803221.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Additional Chief Secretary, Health Department, Old Secretariat, Government of Bihar.

¶7

The Secretary, Health Department, Old Secretariat, Government of Bihar.

¶8

The Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg, Bailey Road, Patna.

¶9

The Chairman, Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg, Bailey Road, Patna.

¶10

The Secretary, Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg, Bailey Road, Patna.

¶11

The Examination Controller, Bihar Public Service Commission, 15 Jawahar Lal Nehru Marg, Bailey Road, Patna.

¶12

... ... Respondent/s

¶13

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

¶14

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

¶15

Date : 17-03-2026

¶16

The writ petition has been filed by Dr. Chakrapani Kumar seeking for the following reliefs:

¶17

“(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

¶18

Patna High Court CWJC No.7184 of 2025 dt.17-03-2026 2/4

¶19

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).

¶20

(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

¶21

Patna High Court CWJC No.7184 of 2025 dt.17-03-2026

¶22

3/4

¶23

three occasions in these examinations, shall not be eligible” as unconstitutional for being in contravention of the doctrine of proportionality.

¶24

(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....).

¶25

(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.”

¶26

Learned Advocate General has produced the notification dated 09.02.2026 of the Health Department, Government of Bihar, which has brought certain amendment in

¶27

Patna High Court CWJC No.7184 of 2025 dt.17-03-2026 4/4

¶28

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.

¶29