Shruti Singh vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13820 of 2026
CNR No. BRHC010899462026
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Shruti Singh D/o Navin Kumar Singh, R/o Raja Ram Tola, P.O. Mahthi, P.s.
Bibhutipur, Distt. - Samastipur, Bihar - 848211.
... ... Petitioner/s
Versus
1. The State of Bihar Through its Principal Secretary, Health Department,
Government of Bihar, Patna, Bihar.
2. The Bihar Combined Competitive Examination Board (BCECEB), Through
its Chairman, Patna, Bihar.
3. The National Testing Agency, Through its Chairman, New Delhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Manu Tripurari, Advocate
Mr. Apurv Harsh, Advocate
For the State : Mr. Kamlendra Prasad Singh, Advocate
For the NTA : Mrs. Chhaya Kirti, Advocate
For the BCECE : Mr. Prasoon Sinha, Sr. Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 29-10-2026
Heard Mr. Manu Tripurari, learned Advocate for
the petitioner and Mr. Kamlendra Prasad Singh, learned
Advocate for the State. The Bihar Combined Entrance
Competitive Examination Board is represented through Mr.
Prasoon Sinha, learned Senior Advocate, whereas Mrs. Chhaya
Kirti, learned Advocate appears for the National Testing Agency.
2. The petitioner, an aspiring medical student who
appeared in the National Eligibility-cum-Entrance Test
(Undergraduate) 2026 conducted for admission to undergraduate
medical courses, upon declaration of the result and securing 439

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marks out of 720 marks, was assigned NEET All India Rank
1,88,791 and Category Rank 22,781.
3. It is submitted that the petitioner is the maternal
granddaughter of late Shashi Bhushan Prasad Thakur @ Ram
Hilish Thakur, a duly recognized freedom fighter for his
contribution to the freedom struggle and was sanctioned
freedom fighter pension by the Central Government. Referring
to the notification duly published in the Bihar Extraordinary
Gazette dated 03.09.2015, it is argued by learned Advocate for
the petitioner that surprisingly, once the Government has taken a
decision to extend 2% horizontal reservation for the
grandchildren/dependents of freedom fighters whose pension is
sanctioned by the Central Government, and the policy was
thereafter acted upon through subsequent departmental
instructions and has continued to inform reservation
arrangements in Bihar, the petitioner, who is admittedly the
maternal granddaughter of a freedom fighter, has been deprived
of 2% horizontal reservation. In the aforesaid premise, the
petitioner has invoked the extraordinary jurisdiction of this
Court seeking a direction upon the concerned respondents to
consider her candidature and extend the benefits of horizontal
reservation admissible in favour of the wards of freedom
fighters in NEET 2026 counselling in the State of Bihar.
4. Learned Advocate for the petitioner further

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argued that the State of Bihar, in reference to the notification of
2015, extending 2% horizontal reservation to the dependents of
freedom fighters in the matter of admission in other academic
institutions and courses, however, till date no decision has been
taken to extend such reservation in the matter of admission to
MBBS courses. In order to pursue this Court, reliance has also
been placed on a decision of the Hon'ble Supreme Court
rendered in the case of All Kerala Parents’ Assn. of Hearing
Impaired v. State of Kerala, (2018) 2 SCC 410 . Referring
thereto, it is further submitted that once the learned Division
Bench of Kerala High Court failed to extend the benefit of
horizontal reservation in favour of the persons with disabilities
under the Act of 1995, the same was turned down and the Court
held that Section 39 of the Act of 1995 deals with the
reservation of seats for persons with disabilities in Government
educational institutions as well as educational institutions
receiving aid from the Government, and necessarily therefore,
the provision thereof must be complied with.
5. Controverting the aforesaid submissions, Mr.
Prasoon Sinha, learned Senior Advocate appearing for the
Board, submitted that the reliance of the petitioner on the 2015
notification appears to be wholly misconceived for the simple
reason that, on a bare perusal thereof, it is evident that the
provision of 2% horizontal reservation to the dependents of

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freedom fighters has been made for appointment in the State
Government and not for admission in educational institutions.
Even prior to the issuance of the 2015 notification, the
notification of 2003 which was prevalent and applicable in the
matter of admission in educational institutions, i.e. notification
dated 09.09.2003, does not provide 2% horizontal reservation to
the dependents of freedom fighters for admission in educational
institutions. It is also submitted that the Controller of
Examination is the executive head of the Board who has not
even been arrayed as a party respondent, and in absence thereof,
the writ petition is bad for non-joinder of necessary party.
6. At this juncture, learned Advocate for the
petitioner submits that he seeks permission to implead the
Controller of Examination, Bihar Combined Entrance
Competitive Examination Board as party respondent no. 4 in
course of the day.
7. The permission is accorded.
8. Learned Advocate for the State, on the other
hand, submits that since the petitioner has been unable to place
any notification or statute in support of her claim whereby a
right has been extended in favour of the dependents/wards of
freedom fighters to extend the benefit of horizontal reservation
in the matter of admission in MBBS courses, the present writ
petition is devoid of any merit.

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9. Considered the submissions advanced by learned
Advocate for the respective parties and perused the notification,
especially notification of 2003 which prima facie appears that it
doesn't provide 2% horizontal reservation to the dependents of
freedom fighters for admission in educational institutions,
though subsequently the State has taken a conscious decision to
extend such benefit with respect to some educational courses,
but admittedly not with respect to medical courses. Similarly,
the notification dated 03.09.2015 also talks about horizontal
reservation to the dependents of freedom fighters in relation to
appointment/recruitment/selection in the State Government and
not for admission in educational institutions. This Court also
finds that the petitioner is unable to bring any notification or
statute extending benefit of horizontal reservation to the
dependents of freedom fighters in the matter of admission in
MBBS courses. In absence thereof, this Court is unable to pass
any positive order in favour of the petitioner.
10. So far the reliance placed by the petitioner in
the case of All Kerala Parents’ Assn. of Hearing Impaired v.
State of Kerala (Supra) is concerned, the order of the Hon'ble
Supreme Court has been passed in the light of the prescriptions
provided under Section 39 of the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995, which is a Central Act directing the

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authorities to implement the same and extend the benefits to
persons suffering with disabilities.
11. However, till date no such policy decision has
been taken to extend the benefit of horizontal reservation in
favour of the dependents of freedom fighters. In view thereof,
this Court doesn't find any reason or occasion to interfere in the
present writ petition. Accordingly, the same stands dismissed.
12. However, dismissal of the writ petition would
not come in the way of the petitioner to take appropriate
recourse available in law.

(Harish Kumar, J)
Siddharth Kr.
Shaw/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.10.2026
Transmission Date NA