The State of Bihar vs Noorafshan Bano

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1064 of 2025
In
Civil Writ Jurisdiction Case No.4558 of 2023
CNR No. BRHC011111402025
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1. The State of Bihar through the Principal Secretary, Department of General
Administration, Government of Bihar, Patna.
2. The Principal Secretary, Department of General Administration,
Government of Bihar, Patna.
3. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
... ... Appellant/s
Versus
1. Noorafshan Bano Daughter of Haji Muhammad Qusim, Resident of
Mohalla-Hajinagar, Mithanpura chowk, Post Offi-Ramana, Police Station-
Mithanpura, District-Muzaffarpur.
2. The Secretary, Bihar Public Service Commission, Patna.
3. The Joint Secretary-cum-Examination Controller Bihar Public Service
Commission, Patna.
4. The Vice Chancellor, Maulana Mazharul Haque Arabic and Persian
University, Patna.
5. The Registrar, Maulana Mazharul Haque Arabic and Persian University,
Patna.
6. Jayanti Kumari, Daughter of Surendra Prasad, Permanent resident of
Mohalla-Jaleshwar Ward No. 6, District-Mahottary, State-Madhesh (Nepal).
At present wife of Kanchan Kumar, Resident of Mohalla-Maripur Power
House Chowk Tilak Nagar, District-Muzaffarpur (Bihar).
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Pramod Kumar Singh, G.P.-34
Mr. Amit Kumar, A.C. to G.P.-34
For the Resp. No.1 : Mr. Shivendra Kishore, Sr. Advocate
Mr. Rashid Izhar, Advocate
Mr. Nafisuzzoha, Advocate
For the B.P.S.C. : Mr. Lalit Kishore, Sr. Advocate
Mr. Kanishka Shankar, Advocate
For the Resp. No.6 : Mr. Anshuman Jaipuriyar, Advocate
Mr. Preet, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT

Patna High Court L.P.A No.1064 of 2025 dt.05-11-2026
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(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-11-2026
This intra-court appeal has been filed challenging
the order dated 31.08.2024 passed by the learned Single Judge,
whereby the writ petition filed by respondent no. 1 has been
allowed by observing, from paragraph 9 onwards, as under:
"9. Since the respondent No. 8 has tendered her
resignation from the post, which has been accepted
by the Competent Authority with effect form
29.08.2023 and resultantly a post of Assistant
Professor, Management subject in the Maulana
Mazharul Haque Arabic and Persian University,
Patna has fallen vacant, I am of the view that this
writ petition can be disposed of, without entering
into the merits of the contentions raised against the
respondent No.8, by directing the respondent State
as well as the University to consider appointment
on a post that has fallen vacant due to the
resignation of the respondent No. 8 from the
combined merit list published pursuant to
advertisement No. 78/2014 for the post of Assistant
Professor, Management in the Maulana Mazharul
Haque Arabic and Persian University, Patna, in
accordance with law.
10. It is ordered, accordingly.
11. The consideration, in accordance with law, as
directed hereinabove shall be made within a period
of one month from the date of receipt of the
certified copy of the order.
12. The writ petition is disposed of with the above
direction."
2. We find that the present appeal has been filed with
a delay of 381 days. An affidavit has been filed on behalf of the
appellants seeking to explain the delay. We have heard learned
counsel for the appellants on the merits of the impugned order

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as well.
3. The grievance of respondent no. 1 before the
learned Single Judge was with regard to the selection of
respondent no. 8 to the post of Assistant Professor in the
Maulana Mazharul Haque Arabic and Persian University, Patna,
pursuant to Advertisement No. 78 of 2014 in the subject of
Management, on the ground that respondent no. 8, being a
citizen of Nepal, was not entitled to the benefit of reservation
under the Extremely Backward Class category.
4. The prayers made in the writ petition were as
follows:-
"(i) To issue an appropriate writ preferably in the
nature of 'Certiorari' for setting aside the selection
and appointment of Respondent no.8 to the post of
Assistant Professor in Maulana Mazharul Haque
Arabic and Persian University, Patna pursuant to
Advertisement no.78 of 2014 in the subject of
Management.
(ii) To hold and declare that the Respondent no.8
being citizen of Nepal was not entitle to get benefits
of reservation in terms of Clause-9 of the
Advertisement as such her appointment as
Assistant Professor in category Extremely
Backward Class is illegal.
(iii) To issue an appropriate writ preferably in the
nature of 'Mandamus' commanding upon the
respondent authorities to appoint the petitioner as
Assistant Professor in the subject of Management
in Maulana Mazharul Haque Arabic and Persian
University, Patna pursuant to Advertisement no.78
of 2014 in the category Extremely Backward Class
with all consequential benefits.
(iv) To grant any other relief (s) for which the

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petitioner may be found entitled to in the facts and
circumstances of the case."
5. We note the respondent no. 6 in the present appeal
was respondent no. 8 in the writ petition. Though the writ
petition was filed seeking, inter alia , setting aside of the
selection and appointment of respondent no. 6 herein, the
learned Single Judge took note of the fact that respondent no. 6
had tendered her resignation from the post of Assistant
Professor, which was accepted by the competent authority with
effect from 29.08.2023.
6. It is in view of the above fact that the learned
Single Judge, without entering into the merits of the contentions
raised against respondent no. 6, directed the State as well as the
University to consider the appointment of respondent no. 1
against the vacancy that had arisen on account of the resignation
of respondent no.6, from amongst the candidates figuring in the
combined merit list published pursuant to Advertisement No. 78
of 2014 for the post of Assistant Professor in the subject of
Management.
7. If that be so we do not find any merit in the
present appeal. That apart, the appeal is barred by a delay of 381
days, for which no proper or justifiable explanation has been

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furnished.
8. The appeal stands dismissed on the ground of
limitation as well.
10. We extend the time granted by the learned Single
Judge for compliance of the directions contained in the
impugned order by a further period of three months from the
date of receipt/production of a copy of this order.


(V. Kameswar Rao, CJ)
(Partha Sarthy, J)
Neha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.11.2026
Transmission Date NA