Patna High Court
Administrative and Public LawEmployment and Labour Law

Weightage for contractual service requires proof of appointment under prescribed government resolutions.

Chandrashekhar Kumar vs The State of Bihar

Patna High CourtJUDGMENT: September 24, 20262 MIN READSOURCE JUDGMENT
Weightage for contractual service requires proof of appointment under prescribed government resolutions.. Chandrashekhar Kumar vs The State of Bihar. Patna High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners sought weightage for their contractual work experience in the recruitment for 212 Fishery Development Officer posts under Advertisement No. 3 of 2021.

Source reference: p. 2–3

They relied on clause 3(ii) of the advertisement and BTSC’s counselling guidelines, and also sought a stay of the selection process.

Source reference: p. 2–3

At the hearing, petitioners’ counsel submitted that the issue had already been decided in Surya Narayan Bharti v. State of Bihar & Ors., CWJC No. 951 of 2022, decided 25 August 2026, and asked the Court to dispose of this case accordingly.

Source reference: p. 3
02

Issues

1. Whether the petitioners were entitled to weightage for contractual work experience under Advertisement No. 3 of 2021.

Source reference: p. 2–3

2. Whether the writ petition should be decided in accordance with the ruling in Surya Narayan Bharti.

Source reference: p. 3, p. 8
03

Law Applied

Clause 3(ii) of Advertisement No. 3 of 2021 provided for experience weightage for specified contractual work in the agriculture and fisheries sector.

Source reference: p. 3–4

Clauses 4 and 5 of the Bihar General Administration Department Resolution, Memo No. 1003 dated 22 January 2021, provide for weightage of up to five marks per year, subject to a maximum of 25, for satisfactory contractual service, and make the benefit available only to duly appointed contractual employees.

Source reference: p. 4–7

The resolution sets conditions for valid contractual engagement, including a sanctioned and advertised post, requisite qualification, selection through a committee and process, appointment by the competent authority, and compliance with reservation requirements.

Source reference: p. 4–7

In Surya Narayan Bharti, the Court held that the claimed contractual appointment had not been shown to comply with the relevant GAD resolutions and therefore denied weightage.

Source reference: p. 7–8
04

Reasoning

The Court treated Surya Narayan Bharti as having already decided the issue raised in the petition and found the present case covered by that ruling.

Source reference: p. 8

It therefore disposed of the petition in the light of that decision, without separately setting out an assessment of the petitioners’ individual appointments or service records.

Source reference: p. 8
05

Holding

The Court dismissed the writ petition, applying Surya Narayan Bharti.

I.A. No. 1 of 2022 was disposed of as infructuous.

Source reference: p. 8
Patna High Court

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Chandrashekhar KumarvsThe State of Bihar

Patna High Court · September 24, 2026

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