Writ petition challenged a BPSC notification reserving all 101 Sub-Divisional Protection Officer posts exclusively for women as violative of Articles 14, 15 and 16 and ultra vires the 2005 Act. The court declined interference since the notification followed the unchallenged Rules, 2025, granting liberty to challenge the Rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9772 of 2026
======================================================
Nisheeth Chandrachoor S/o Shri Vinod Kumar Jaiswal, Resident of Kotwali Chowk, Ganj no 2, PO and PS Bettiah, District West Champaran, Pin 845438.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhijeet Abhigyan, Adv. For the Respondent/s : Mr. Ramadhar Singh, GP-5 For the BPSC : Mr. Sanjay Pandey, Adv. Mr. Nishant Kumar Jha, Adv. Mr. Prabhakar Pahepuri, Adv. =====================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 07-07-2026
Heard Mr. Abhijeet Abhigyan, learned Advocate for the petitioner; learned Advocate for the State; and Mr. Sanjay Pandey, learned Advocate for the Bihar Public Service Commission.
Patna High Court CWJC No.9772 of 2026(2) dt.07-07-2026 2/3
The petitioner further seeks a declaration that the reservation of 100% of the posts of Sub-Divisional Protection Officer in favour of women candidates is unconstitutional, arbitrary and violative of Articles 14, 15 and 16 of the Constitution of India.
Patna High Court CWJC No.9772 of 2026(2) dt.07-07-2026 3/3
notification has been issued strictly in accordance with the provisions of the Rules, 2025. It is further submitted that Rule 4(2) unequivocally provides that all cadre posts shall be filled up by women candidates and, admittedly, the validity of the said Rule has not been challenged in the present writ petition.
rohit/-
U
(Harish Kumar, J)
2 issues framed by the court
Whether 100% reservation of Sub-Divisional Protection Officer posts for women in the BPSC notification is unconstitutional under Articles 14, 15 and 16.
Whether Rule 4(2) of the Rules, 2025 is ultra vires the parent statute's preference-only mandate under Section 8.
3 provisions across 3 enactments
Nisheeth Chandrachoor
The State of Bihar through the Chief Secretary
The Principal Secretary, General Administration Department, Government of Bihar
The Principal Secretary, Social Welfare Department, Government of Bihar
The Bihar Public Service Commission through its Secretary
The Secretary, Bihar Public Service Commission
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
