Facts
The petitioner, a candidate under the BC category for the post of Sub-Inspector under Advertisement No. 704 of 2004, sought a writ of mandamus for appointment.
Source reference: p. 1-2He claimed equality with 133 candidates appointed pursuant to the Supreme Court order in C.A. No. 2795-2797 of 2017 and 252 candidates directed to be appointed by a Co-ordinate Bench of the Patna High Court in CWJC No. 2372 of 2023.
Source reference: p. 1-2The petitioner asserted he secured higher marks (195.89) than the 133 candidates previously appointed.
Source reference: p. 3-4The State and BSSC opposed the petition, arguing the matter was closed by the Supreme Court and hit by gross laches, as the petitioner approached the court in 2026 for a 2004 recruitment exercise.
Source reference: p. 6Issues
1. Whether the petitioner is entitled to appointment to the post of Sub-Inspector under Advertisement No. 704 of 2004 based on the principle of parity with other candidates appointed via judicial intervention
Source reference: p. 32. Whether the writ petition is maintainable after a lapse of 22 years from the date of advertisement and in light of the Supreme Court's observations in subsequent contempt proceedings
Source reference: p. 4-6Law Applied
The Court relied on the principle of judicial discipline and the finality of litigation.
Source reference: no citationSupreme Court’s observations in Civil Appeal No. 2795-2797 of 2017, which allowed remedies for grievances regarding the 2017 selection.
Source reference: p. 3Restrictive orders in Contempt Petition (C) No. 1711/2018, which barred further appeals/proceedings even if representations were rejected.
Source reference: p. 4Doctrine of laches regarding stale claims seeking to reopen recruitment processes from 2004.
Source reference: p. 6Reasoning
The Court noted that while the petitioner claimed higher marks than the 133 candidates appointed by the Supreme Court, the recruitment process in question originated in 2004.
Source reference: p. 6The respondent’s argument regarding the 22-year delay was significant, as the petitioner sought relief in 2026 for a 2004 advertisement.
Source reference: p. 6Although the petitioner argued that the restrictive orders in the Supreme Court contempt proceedings did not apply to him as he was not an intervenor, the Court found that the underlying issue had already been tested and decided multiple times through various Writ Petitions and Letters Patent Appeals (LPAs) such as CWJC No. 9936 of 2021 and LPA No. 689 of 2021.
Source reference: p. 6The Court reasoned that judicial discipline prevents a single judge from reopening an issue that has been conclusively addressed and closed by both the High Court in series of litigations and the Supreme Court.
Source reference: p. 7Holding
The Court dismissed the writ petition, holding that it would not interfere in a matter that has already been decided across a series of CWJCs and LPAs.
The court emphasized its adherence to judicial discipline and declined to reopen the recruitment process for Advertisement No. 704 of 2004. No relief was granted.
Source reference: p. 6-7Original Court PDF
Sanjay Kumar @ Sanjay YadavvsThe State of Bihar
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in