Patna High Court

Failure to meet prescribed category cut-off marks precludes claim for appointment despite initial inclusion in successful candidate list.

Mithlesh Kumar vs The State of Bihar

Patna High CourtJUDGMENT: July 13, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, belonging to the Nai caste (BC-1 category), applied for the post of Nai pursuant to Advertisement No. SDRP/03/2019 issued for the State Disaster Response Force (SDRF)

Source reference: para. 2-3

The petitioner participated in the interview process on 10.12.2021 and was initially included in a list of seven successful candidates

Source reference: para. 3

However, when a subsequent list of 13 candidates was published on 07.01.2022 for verification of antecedents and joining, the petitioner’s name was omitted

Source reference: para. 3

The petitioner approached the High Court seeking a writ of mandamus for his appointment, claiming higher competence and prior experience

Source reference: para. 2-3
02

Issues

1. Whether the non-inclusion of the petitioner’s name in the final selection/joining list was arbitrary or illegal

Source reference: para. 3-5

2. Whether the petitioner met the requisite merit criteria (cut-off marks) for appointment under the BC-1 category

Source reference: para. 4-5
03

Law Applied

The court applied the fundamental principle of merit-based selection in public employment.

Source reference: para. 4-5

It relied on the administrative criteria established by the Respondent authorities for the specific recruitment cycle, specifically the determination of "cut-off marks" for different reservation categories (BC-1) to ensure transparency and non-arbitrariness in the selection process

Source reference: para. 4-5
04

Reasoning

The court examined the supplementary counter affidavit filed by Respondent No. 4, which included the merit list and mark sheets (Annexure-R/D). The analysis revealed that while the petitioner was initially considered successful in the preliminary interview stage, he failed to meet the final merit threshold

Source reference: para. 4

Specifically, the respondent’s records indicated that the minimum cut-off marks required for a candidate in the BC-1 category was 40

Source reference: para. 4

Upon verification of the petitioner’s performance, the court found that he had obtained only 35 marks in total. Consequently, the court reasoned that the petitioner could not claim a right to appointment as he did not meet the objective qualification standards set for his category

Source reference: para. 4-5
05

Holding

The court held that there was no merit in the writ petition as the petitioner failed to secure the mandatory cut-off marks for selection. The court answered the issues in the negative, finding no illegality in the authorities' decision to exclude the petitioner from the final joining list

The writ petition was dismissed

Source reference: para. 6
Patna High Court

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Mithlesh KumarvsThe State of Bihar

Patna High Court · July 13, 2026

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