Sweta Sinha vs The District And Sessions Judge, … on 17 March, 2026

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    Patna High Court

    Sweta Sinha vs The District And Sessions Judge, … on 17 March, 2026

             IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.1879 of 2017
         ======================================================
         Sweta Sinha Daughter of Bhupendra Narain Sinha, Resident of Mohalla-
         Nakki Nagar, Kayath Tola, P.O. and P.S.- Jamalpur, District- Munger.
    
                                                                  ... ... Petitioner/s
                                           Versus
    1.   The District and Sessions Judge, Madhubani
    2.   The Judge Incharge Administration, Civil Court, Madhubani.
    3.   Sri Sachin Kumar Chouhdary Bearing Roll No. 2375, Presently Working as
         Peon, Civil Court, Madhubani
    4.   Sri Rishi Kumar Jha bearing Roll No. 1978, Presently Working as Peon,
         Civil Court, Madhubani.
    5.   Sri Binay Tiwary bearing Roll No. 1601767, Presently Working as Peon,
         Civil Court, Madhubani,
    6.   Miss/Mrs. Nisha Verma bearing Roll No. 1200330, Presently Working as
         Peon, Civil Court, Madhubani.
    7.   Sri Shailesh Kumar Singh bearing Roll No. 1601486, Presently Working as
         Peon, Civil Court, Madhubani.
    8.   Md. Miraj Khan bearing Roll No. 3679, Presently Working as Peon, Civil
         Court, Madhubani.
    9.   Sri Pankaj Kumar Srivastava bearing Roll No. 1050, Presently Working as
         Peon, Civil Court, Madhubani.
    10. Sri Manoranjan Kumar bearing Roll No. 1200483, Presently Working as
        Peon, Civil Court, Madhubani.
    11. Sri Mirtunjay Kumar bearing Roll No. 2100870, Presently Working as Peon,
        Civil Court, Madhubani.
    12. Sri Deepak Kumar Jha bearing Roll No. 2301548, Presently Working as
        Peon, Civil Court, Madhubani.
    13. Sri Raushan Kumar Singh bearing Roll No. 1200059, Presently Working as
        Peon, Civil Court, Madhubani.
    14. Sri Rahul Kumar Mishra bearing Roll No. 1012, Presently Working as Peon,
        Civil Court, Madhubani.
    15. Sri Saurav Kumar Jha bearing Roll No. 4560, Presently Working as Peon,
        Civil Court, Madhubani.
    16. Sri Vishwendra Pratap Singh bearing Roll No. 1201731, Presently Working
        as Peon, Civil Court, Madhubani.
    17. Sri Anand Bihari bearing Roll No.- 89, Presently Working as Peon, Civil
        Court, Madhubani.
    18. Sri Jitendra Kumar Jha bearing Roll No. 1502269, Presently Working as
        Peon, Civil Court, Madhubani.
    19. Sri Amit Narayan Jha bearing Roll No. 4595, Presently Working as Peon,
        Civil Court, Madhubani.
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      20. Sri Partik Kumar Upadhyay bearing Roll No. 1301739, Presently Working
          as Peon, Civil Court, Madhubani.
      21. Sri Mohit Kumar Pathak bearing Roll No. 6747, Presently Working as Peon,
          Civil Court, Madhubani.
      22. Sri Azaz Ahmed bearing Roll No. 1203270, Presently Working as Peon,
          Civil Court, Madhubani.
      23. Miss/Mrs. Pallavi Kumari bearing Roll No.- 2201400, Presently Working as
          Peon, Civil Court, Madhubani.
      24. Sri Ajay Kumar Jha bearing Roll No.- 2920, Presently Working as Peon,
          Civil Court, Madhubani.
      25. Sri Rajni Kant Jha bearing Roll No. 2302, Presently Working as Peon, Civil
          Court, Madhubani.
      26. Sri Harsh Kumar bearing Roll No. 1300102, Presently Working as Peon,
          Civil Court, Madhubani.
      27. Sri Krishnakant Sahai bearing Roll No. 1301559, Presently Working as
          Peon, Civil Court, Madhubani.
      28. Sri Vijay Kumar bearing Roll No. 949, Presently Working as Peon, Civil
          Court, Madhubani.
      29. Sri Anil Kumar Mishra bearing Roll No. 1300163, Presently Working as
          Peon, Civil Court, Madhubani.
      30. Sri Samir Ranjan bearing Roll No. 1203457, Presently Working as Peon,
          Civil Court, Madhubani.
      31. Sri Satendra Kumar Mishra bearing Roll No. 654, Presently Working as
          Peon, Civil Court, Madhubani.
      32. Sri Kundan Kumar Mishra bearing Roll No. 1401048, Presently Working as
          Peon, Civil Court, Madhubani.
      33. Sri Ajit Kumar bearing Roll No. 1202312, Presently Working as Peon, Civil
          Court, Madhubani.
      34. Sri Prabhat Kumar Jha bearing Roll No. 4082, Presently Working as Peon,
          Civil Court, Madhubani.
      35. Sri Sandeep Kumar bearing Roll No. 1200673, Presently Working as Peon,
          Civil Court, Madhubani.
      36. Sri Atma Nand Kumar Singh bearing Roll No. 1201680, Presently Working
          as Peon, Civil Court, Madhubani.
      37. Sri Fulkan Ahmed bearing Roll No. 7668, Presently Working as Peon, Civil
          Court, Madhubani.
      38. Sri Indrajit Jha bearing Roll No. 3194, Presently Working as Peon, Civil
          Court, Madhubani.
      39. Sri Shivendra Kumar Singh Roll No. 1901696 Presently Working as Peon
          Civil Court, Madhubani.
      40. The Registrar General, Patna High Court, Patna.
    
                                                     ... ... Respondent/s
           ======================================================
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           Appearance :
           For the Petitioner/s     :       Mr. Dinu Kumar, Advocate
                                            Ms. Ritika Rani, Advocate
                                            Mr. Vardaan Mangalam, Advocate
                                            Mr. Prashant Sinha, Advocate
           For the Respondent/s    :        Mr. Piyush Lall, Advocate
           For the Private Respondents:     Mr. Birendra Kant Choudhary, Advocate
                                            Mr. Baidya Nath Thakur, Advocate
           ======================================================
           CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
           CAV JUDGMENT
    
             Date: 17-03-2026
    
                           1. The present writ petition has been filed by the
    
              petitioner invoking the jurisdiction of this Court under Article
    
              226 of the Constitution of India, questioning the legality and
    
              validity of the selection process undertaken for appointment to
    
              the posts of Class-IV employees (Peon) in the Judgeship at
    
              Madhubani pursuant to Employment Notice No. 01/2016.
    
                           2. The petitioner seeks quashing of the select list
    
              dated 29.11.2016 published by the authorities of the
    
              Madhubani Judgeship on the ground that the said selection
    
              was conducted in violation of the reservation policy of the
    
              State Government providing horizontal reservation for women
    
              candidates.
    
                           3. The petitioner further seeks a direction upon the
    
              respondent authorities to prepare a fresh select list by applying
    
              the reservation policy notified by the Government of Bihar
    
              through Resolution No. 963, dated 20.01.2016 and to consider
    
              the petitioner for appointment against the post in question.
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                           4. The material facts giving rise to the present writ
    
              petition, as stated in the pleadings of the parties, are
    
              summarized hereunder.
    
                           5. In March 2016 the District and Sessions Judge,
    
              Madhubani issued Employment Notice No. 01/2016 inviting
    
              applications for appointment to 73 posts of Class IV
    
              employees (Peon) in the civil courts under the Madhubani
    
              Judgeship.
    
                           6. Prior to issuance of the said employment notice
    
              the Government of Bihar had issued Resolution No. 963 dated
    
              20.01.2016

    providing for 35 percent horizontal reservation for

    women candidates in all categories of direct recruitment in

    SPONSORED

    State services.

    7. The petitioner claims to belong to the unreserved

    category and submitted her application for the said post

    pursuant to the aforesaid employment notice. Along with the

    application the petitioner also submitted experience

    certificates in support of her candidature.

    8. Upon scrutiny of the applications the petitioner

    was issued Roll No. 1100543 and was called to appear in the

    interview held on 31.07.2016 for the purpose of selection.

    9. The petitioner asserts that during the course of the
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    interview she submitted a representation claiming the benefit

    of reservation available to dependents of freedom fighters on

    the ground that she is the granddaughter of Late Sukhdeo Lal,

    a recognized freedom fighter.

    10. After completion of the selection process the

    respondent authorities published the list of selected candidates

    on 29.11.2016.

    11. The grievance of the petitioner arises from the

    fact that while publishing the said select list the respondent

    authorities allegedly failed to implement the policy of 35

    percent horizontal reservation for women candidates as

    introduced by the Government of Bihar through the

    Resolution dated 20.01.2016.

    12. According to the petitioner, as many as 49

    candidates were selected in the general category but no

    reservation for women candidates in the unreserved category

    was provided.

    13. The petitioner contends that such failure to

    implement the reservation policy deprived her of a fair

    opportunity of selection.

    14. Being aggrieved by the publication of the select

    list dated 29.11.2016 the petitioner approached this Court by
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    filing the present writ petition on 04.02.2017 seeking

    appropriate relief.

    15. During the pendency of the writ proceedings the

    Court passed an interim order directing that the recruitment

    process pursuant to the impugned select list shall remain

    stayed.

    16. A counter affidavit has been filed on behalf of

    respondent nos. 1 and 2 wherein the claim of the petitioner

    has been opposed.

    17. The Learned Counsel for the respondents

    contend that the recruitment process in question was

    conducted strictly in accordance with the Bihar Civil Court

    Staff (Class III and Class IV) Rules, 2009 which governed the

    field at the relevant point of time.

    18. It has been stated that the Bihar Civil Court

    Staff Rules, 2017 came into force only on 23.05.2017 and

    therefore had no application to the recruitment process

    initiated under Employment Notice No. 01/2016.

    19. The Learned Counsel for the respondents further

    assert that the Standing Committee of the High Court had

    resolved on 15.12.2015 that until the new rules were approved

    appointments to Class IV posts in the civil courts would
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    continue to be made following the existing procedure under

    the 2009 Rules.

    20. According to the respondents, the employment

    notice itself clearly indicated the categories of reservation

    applicable to the recruitment, namely Scheduled Castes,

    Scheduled Tribes, Backward Classes, Extremely Backward

    Classes and Physically Handicapped candidates.

    21. The Learned Counsel for the respondents submit

    that the policy of reservation for women candidates

    introduced by the State Government through the Resolution

    dated 20.01.2016 was not made applicable to the recruitment

    of staff in the subordinate judiciary governed by the 2009

    Rules.

    22. The respondents therefore contend that the

    selection process cannot be held to be illegal merely because

    the said policy was not implemented.

    23. It has also been asserted that the petitioner

    voluntarily participated in the recruitment process and

    appeared in the interview without raising any objection

    regarding the applicability of the reservation policy.

    24. According to the respondents, having

    participated in the selection process and having failed to
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    secure selection, the petitioner is now precluded from

    challenging the selection process.

    25. The Learned Counsel for the respondents further

    deny the allegation that the petitioner’s experience certificates

    were not considered during the selection process and assert

    that the qualifications and experience of all candidates were

    duly examined during the interview.

    26. Respondent No. 4 has also filed a separate

    counter affidavit. In the said affidavit it has been stated that

    respondent no. 4 is presently serving as an Orderly to the

    learned Principal District and Sessions Judge, Madhubani.

    27. The Learned Counsel for the private respondent

    has asserted that the appointment to the post in question was

    made strictly in accordance with the applicable rules and

    procedure and there was no illegality in the selection process.

    28. The private respondent has further adopted the

    defence taken by respondent nos. 1 and 2 and has prayed for

    dismissal of the writ petition.

    29. Upon consideration of the pleadings of the

    parties and the submissions advanced on their behalf, the

    following issues arise for determination in the present writ

    petition:

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    (i) Whether the Government
    Resolution No. 963 dated 20.01.2016
    providing 35 percent horizontal
    reservation for women candidates
    automatically applies to recruitment of
    staff in the subordinate judiciary.

    (ii) Whether the recruitment
    process undertaken by the Judgeship at
    Madhubani pursuant to Employment
    Notice No. 01/2016 strictly in accordance
    with the Bihar Civil Court Staff (Class III
    and Class IV) Rules, 2009 can be said to
    be illegal merely on the ground that the
    aforesaid government resolution was not
    implemented.

    (iii) Whether the selection
    process conducted solely on the basis of
    interview under the 2009 Rules satisfies
    the constitutional requirements of fairness
    and transparency under Articles 14 and
    16 of the Constitution of India.

    (iv) Whether the petitioner,
    having participated in the selection
    process without protest and having
    appeared in the interview, is precluded
    from challenging the selection process
    after having failed to secure selection.

    (v) Whether the petitioner’s
    claim for reservation under the category
    of dependent of a freedom fighter can be
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    considered when such claim was neither
    reflected in the employment notice nor
    raised in the original application form.

    30. This Court has heard the learned counsel

    appearing for the parties and has carefully examined the

    materials brought on record.

    31. The principal contention advanced on behalf of

    the petitioner is that the selection process conducted by the

    Judgeship at Madhubani suffers from illegality inasmuch as

    the respondent authorities failed to apply the policy of

    horizontal reservation for women candidates introduced by the

    Government of Bihar through Resolution No. 963 dated

    20.01.2016.

    32. The respondents, on the other hand, have

    asserted that recruitment to the posts in question was governed

    by the Bihar Civil Court Staff (Class III and Class IV) Rules,

    2009 and that the said government resolution was not

    automatically applicable to recruitment of staff in the

    subordinate judiciary.

    33. At the outset it is necessary to notice that

    recruitment of staff in the civil courts is governed by rules

    framed under the administrative control of the High Court.

    Under Article 235 of the Constitution of India, the High Court
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    exercises control over the subordinate judiciary including

    matters relating to appointment and service conditions of staff

    attached to the courts.

    34. The materials on record indicate that the

    Standing Committee of the High Court had resolved on

    15.12.2015 that appointments to Class IV posts in the civil

    courts should continue to be made following the procedure

    prescribed under the Bihar Civil Court Staff Rules, 2009 until

    new rules were finalized.

    35. The employment notice issued by the District

    and Sessions Judge, Madhubani in March 2016 was therefore

    issued in accordance with the procedure prescribed under the

    2009 Rules.

    36. The advertisement itself indicated the categories

    of reservation applicable to the recruitment and did not

    provide for the horizontal reservation for women candidates

    as introduced by the State Government resolution dated

    20.01.2016.

    37. In such circumstances, the question that arises

    for consideration is whether the said government resolution

    automatically became applicable to recruitment in the civil

    courts without any express adoption by the High Court.
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    38. The law relating to applicability of executive

    instructions and statutory provisions has been explained by

    the Supreme Court in Western Coalfields Ltd. v. Special Area

    Development Authority, reported in (1982) 1 SCC 125 as well

    as in State of Uttarakhand v. Mohan Singh, reported in

    (2012) 13 SCC 281.

    39. In the aforesaid decisions the Hon’ble Supreme

    Court explained the distinction between legislation by

    incorporation and legislation by reference and held that unless

    the adopting statute expressly incorporates subsequent

    amendments, executive instructions issued later may not

    automatically become applicable.

    40. In Western Coalfields Ltd. (supra), the Hon’ble

    Supreme Court in paragraph 31 observed as follows:

    “31. The decision of a
    Constitution Bench of this Court
    in Ishwari Khetan Sugar
    Mills (P) Ltd. v. State of U.P.
    [(1980) 4
    SCC 136 : (1980) 3 SCR 331] , is even
    more to the point. In that case, 12 sugar
    undertakings stood transferred to and
    were vested in a Government undertaking
    under the U.P. Sugar Undertakings
    (Acquisition) Ordinance, 1971, which
    later became an Act. It was contended on
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    behalf of the sugar undertakings that
    since sugar is a declared industry under
    the Industries (Development and
    Regulation) Act, 1951
    , Parliament alone
    was competent to pass a law on the
    subject and the State legislature had no
    competence to pass the impugned Act by
    reason of Entry 52 List I read with Entry
    24 List II. The majority, speaking through
    one of us, Desai, J., held that the
    legislative power of the State under Entry
    24 List II was eroded only to the extent to
    which control was assumed by the Union
    Government pursuant to the declaration
    made by the Parliament in respect of a
    declared industry and that the field
    occupied by such enactment was the
    measure of the erosion of the legislative
    competence of the State legislature. Since
    the Central Act was primarily concerned
    with the development and regulation of
    declared industries and not with the
    ownership of industrial undertakings, it
    was held that the State legislature had the
    competence to enact the impugned law.
    Justice Pathak and Justice Koshal, who
    gave a separate judgment concurring with
    the conclusion of the majority, preferred
    to rest their decision on the circumstance
    that the impugned legislation fell within
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    Entry 42 List III — “Acquisition and
    requisition of property” — and was
    therefore within the competence of the
    State legislature.”

    41. Similarly, In State of Uttarakhand v. Mohan

    Singh (supra), the Hon’ble Supreme Court in paragraphs 25

    and 26 observed as follows:

    “25. In Mahindra and
    Mahindra Ltd. [(1979) 2 SCC 529] after
    referring to the above-mentioned
    judgment, this Court held as follows:

    (SCC pp. 550-51, para 9)
    “9. We have no doubt that
    Section 55 is an instance of legislation by
    incorporation and not legislation by
    reference. Section 55 provides for an
    appeal to this Court on ‘one or more of
    the grounds specified in Section 100’. It is
    obvious that the legislature did not want
    to confer an unlimited right of appeal, but
    wanted to restrict it and turning to
    Section 100, it found that the grounds
    there set out were appropriate for
    restricting the right of appeal and hence
    it incorporated them in Section 55. The
    right of appeal was clearly intended to be
    limited to the grounds set out in the then
    existing Section 100. Those were the
    grounds which were before the legislature
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    and to which the legislature could have
    applied its mind and it is reasonable to
    assume that it was with reference to those
    specific and known grounds that the
    legislature intended to restrict the right of
    appeal. The legislature could never have
    intended to limit the right of appeal to
    any ground or grounds which might from
    time to time find place in Section 100
    without knowing what those grounds
    were. The grounds specified in Section
    100 might be changed from time to time
    having regard to the legislative policy
    relating to second appeals and it is
    difficult to see any valid reason why the
    legislature should have thought it
    necessary that these changes should also
    be reflected in Section 55 which deals
    with the right of appeal in a totally
    different context. We fail to appreciate
    what relevance the legislative policy in
    regard to second appeals has to the right
    of appeal under Section 55 so that
    Section 55 should be inseparably linked
    or yoked to Section 100 and whatever
    changes take place in Section 100 must
    be automatically read into Section 55. It
    must be remembered that the Act is a self-

    contained code dealing with monopolies
    and restrictive trade practices and it is
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    not possible to believe that the legislature
    could have made the right of appeal
    under such a code dependent on the
    vicissitudes through which a section in
    another statute might pass from time to
    time. The scope and ambit of the appeal
    could not have been intended to fluctuate
    or vary with every change in the grounds
    set out in Section 100. Apart from the
    absence of any rational justification for
    doing so, such an indissoluble linking of
    Section 55 with Section 100 could
    conceivably lead to a rather absurd and
    startling result. Take for example a
    situation where Section 100 might be
    repealed altogether by the legislature–a
    situation which cannot be regarded as
    wholly unthinkable. If the construction
    contended for on behalf of the
    respondents were accepted, Section 55
    would in such a case be reduced to futility
    and the right of appeal would be wholly
    gone, because then there would be no
    grounds on which an appeal could lie.

    Could such a consequence ever have been
    contemplated by the legislature? The
    legislature clearly intended that there
    should be a right of appeal, though on
    limited grounds, and it would be absurd
    to place on the language of Section 55 an
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    interpretation which might, in a given
    situation, result in denial of the right of
    appeal altogether and thus defeat the
    plain object and purpose of the section.
    We must, therefore, hold that on a proper
    interpretation the grounds specified in the
    then existing Section 100 were
    incorporated in Section 55 and the
    substitution of the new Section 100 did
    not affect or restrict the grounds as
    incorporated and since the present appeal
    admittedly raises questions of law, it is
    clearly maintainable under Section 55.
    We may point out that even if the right of
    appeal under Section 55 were restricted
    to the ground specified in the new Section
    100, the present appeal would still be
    maintainable, since it involves a
    substantial question of law relating to the
    interpretation of Section 13(2).”

    26. We are of the view that the
    principle laid down in Mahindra and
    Mahindra Ltd. [(1979) 2 SCC 529] and
    the judgments referred to earlier clearly
    apply when we interpret sub-section (4)
    of Section 331 of the U.P. Act. Sub-

    section (4), as we have already indicated,
    has used the expression “on any of the
    grounds” specified in Section 100 CPC.
    Consequently, the then existing Section
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    100 (i.e. Section 100, as it existed in 1908
    unamended) was incorporated in sub-

    section (4) of Section 331 and substitution
    of the new Section 100 does not affect or
    restrict the grounds as incorporated. The
    right of appeal to the Board of Revenue
    under sub-section (4) of Section 331
    clearly intended to be limited to the
    grounds set out in the then existing
    Section 100, since those were the grounds
    which were before the legislature and to
    which the legislature could have applied
    its mind and it is reasonable to assume
    that it was with reference to those specific
    and known grounds that the legislature
    intended to limit the right of appeal.”

    42. Applying the aforesaid principle to the facts of

    the present case, it is evident that the recruitment process in

    question was conducted under the framework of the Bihar

    Civil Court Staff Rules, 2009 pursuant to the administrative

    control of the High Court. The said Rules constitute the

    governing framework for appointment of staff in the civil

    courts and the selection process having been initiated under

    the said Rules, the applicable provisions are those which

    existed at the time when the recruitment process was

    undertaken. The subsequent Government Resolution dated
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    20.01.2016 issued by the State Government with regard to

    reservation in State services cannot automatically be imported

    into the recruitment governed by the Bihar Civil Court Staff

    Rules, 2009, particularly when the said Rules do not expressly

    incorporate subsequent executive instructions. Consequently,

    the earlier framework governing the recruitment would

    continue to apply and the later executive notification relating

    to reservation cannot operate so as to alter the conditions of

    recruitment which had already been governed by the Rules in

    force at the relevant time.

    43. In the absence of any material indicating that the

    said resolution was adopted by the High Court for recruitment

    of staff in the civil courts, it cannot be held that the respondent

    authorities were bound to apply the said reservation policy

    while conducting the selection process.

    44. The next question which requires consideration

    relates to the validity of the selection process conducted solely

    on the basis of interview.

    45. In Renu & Ors. v. District & Sessions Judge,

    Tis Hazari, reported in (2014) 14 SCC 50 the Hon’ble

    Supreme Court emphasized that recruitment to public posts

    must satisfy the constitutional requirement of fairness and
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    transparency and that the process adopted must be consistent

    with Articles 14 and 16 of the Constitution of India. In the

    said judgement, the Hon’ble Supreme Court in paragraph no.

    16 and 22, observed as hereunder:

    “16. Another important
    requirement of public appointment is that
    of transparency. Therefore, the
    advertisement must specify the number of
    posts available for selection and
    recruitment. The qualifications and other
    eligibility criteria for such posts should
    be explicitly provided and the schedule of
    recruitment process should be published
    with certainty and clarity. The
    advertisement should also specify the
    rules under which the selection is to be
    made and in absence of the rules, the
    procedure under which the selection is
    likely to be undertaken. This is necessary
    to prevent arbitrariness and to avoid
    change of criteria of selection after the
    selection process is commenced, thereby
    unjustly benefiting someone at the cost of
    others.

    22. As a safeguard, the
    Constitution has also recognised that in
    the internal administration of the High
    Court, no other power, except the Chief
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    Justice should have domain. In order to
    enable a judicial intervention, it would
    require only a very strong and convincing
    argument to show that this power has
    been abused. If an authority has exercised
    his discretion in good faith and not in
    violation of any law, such exercise of
    discretion should not be interfered with
    by the courts merely on the ground that it
    could have been exercised differently or
    even that the courts would have exercised
    it differently had the matter been brought
    before it in the first instance or in that
    perspective.”

    46. Similarly, the Patna High Court in Bihar Yuva

    Adhiwakta Kalyan Samittee vs Patna High Court & Ors.,

    reported in AIR ONLINE 2018 PAT 916, examined the

    legality of selections to Class IV posts in the civil courts

    conducted solely on the basis of interview under the 2009

    Rules.

    47. In the said decision the Court observed that

    selection based entirely on interview for posts of such nature

    may lead to arbitrariness and directed that future recruitments

    should be conducted in accordance with the Bihar Civil Court

    Staff Rules, 2017 which introduced a written examination as

    part of the selection process.

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    48. However, it is also necessary to notice that the

    recruitment process in the present case was initiated and

    completed prior to the coming into force of the 2017 Rules.

    49. Therefore, the legality of the selection process

    must be examined with reference to the rules which were in

    force at the relevant time.

    50. The 2009 Rules specifically provided that

    selection to Class IV posts may be conducted through

    interview.

    51. In the absence of any material indicating that the

    selection committee acted in a mala fide or arbitrary manner

    while conducting the interviews, the selection process cannot

    be invalidated merely because it was based on interview.

    52. The contention of the petitioner regarding non-

    consideration of her experience certificates has also been

    denied by the respondents.

    53. The respondents have stated in their counter

    affidavit that the qualifications and experience of all

    candidates were duly considered by the selection committee

    during the course of interview.

    54. No material has been brought on record by the

    petitioner to establish that the selection committee ignored the
    Patna High Court CWJC No.1879 of 2017 dt.17-03-2026
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    relevant qualifications of the candidates or that the evaluation

    process was arbitrary.

    55. Another aspect which requires consideration is

    the conduct of the petitioner in participating in the selection

    process without raising any objection regarding the terms of

    the advertisement.

    56. The advertisement issued in March 2016 clearly

    indicated the categories of reservation applicable to the

    recruitment and did not provide for horizontal reservation for

    women candidates.

    57. Despite being aware of the conditions of the

    advertisement the petitioner participated in the selection

    process and appeared in the interview.

    58. It is a settled principle of law that a candidate

    who participates in a selection process without protest cannot

    subsequently challenge the procedure after having failed to

    secure selection.

    59. Reference in this regard may be made to the

    decision of the Hon’ble Supreme Court in Ashok Kumar

    Yadav vs State of Haryana, reported in AIR 1987 SC 454

    wherein the Court observed that a candidate who takes a

    chance in the selection process cannot later turn around and
    Patna High Court CWJC No.1879 of 2017 dt.17-03-2026
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    challenge the procedure adopted therein. In paragraph nos. 9

    and 10, the Hon’ble Supreme Court observed as follows:

    “9. Thirdly, it is difficult to see
    how the Division Bench of the High Court
    could possibly undertake an inquiry into
    the question whether the Chairman and
    members of the Haryana Public Service
    Commission were men of integrity,
    calibre and qualification or not. It was a
    totally irrelevant inquiry, because even if
    they were men lacking in integrity, calibre
    and qualification, it would not make their
    appointments invalid, so long as the
    constitutional and legal requirements in
    regard to appointment were fulfilled.
    Article 316 of the Constitution makes
    provision for appointment and term of
    office of members of a State Public
    Service Commission. Clause (1) of this
    article provides that the Chairman and
    members of a State Public Service
    Commission shall be appointed by the
    Governor of the State and the proviso to
    that clause enacts that “as nearly as may
    be one half of the members of every
    Public Service Commission shall be
    persons who at the dates of their
    respective appointments have held office
    for at least ten years” under the
    Patna High Court CWJC No.1879 of 2017 dt.17-03-2026
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    Government of a State. Clause (2) of
    Article 316 declares that a member of a
    State Public Service Commission shall
    hold office for a term of six years from the
    date on which he enters upon his office or
    until he attains the age of sixty-two years,
    whichever is earlier. Article 319 lays
    down inter alia that on ceasing to hold
    office, the Chairman of a State Public
    Service Commission shall not be eligible
    for any employment under the
    Government of India or the Government
    of a State, save and except that of
    Chairman or any other member of the
    Union Public Service Commission and
    similarly, a member of a State Public
    Service Commission. These are the only
    provisions in the Constitution bearing on
    the appointment of Chairman and
    members of a State Public Service
    Commission. Now concededly, none of
    these constitutional provisions was
    violated in making appointments of the
    Chairman and members of the Haryana
    Public Service Commission nor was any
    legal provision breached and the
    appointments of the Chairman and
    members of the Haryana Public Service
    Commission were made in conformity
    with the constitutional and legal
    Patna High Court CWJC No.1879 of 2017 dt.17-03-2026
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    requirements. If that be so, it passes our
    comprehension as to how the
    appointments of the Chairman and
    members of the Haryana Public Service
    Commission could be regarded as
    suffering from any infirmity or any
    selections made by them could be said to
    be vitiated, merely on the ground that
    they were not, in the opinion of the
    Division Bench of the High Court,
    possessed of integrity, calibre or
    qualification. We may take an analogy to
    illustrate the point we are making.
    Suppose a District Judge is appointed by
    the Governor of the State in consultation
    with the High Court in accordance with
    the requirements of Article 233 and the
    appropriate rules made in that behalf.
    Can a judgment delivered by him be
    assailed as invalid on the ground that he
    has not the requisite integrity, calibre or
    qualification? The judgment may be set
    aside if it is wrong but not because it is
    given by a Judge who is lacking in
    integrity, calibre or qualification.

    Similarly, selections made by the
    Chairman and members of the Haryana
    Public Service Commission may be
    quashed if they are found to be vitiated by
    the influence of extraneous
    Patna High Court CWJC No.1879 of 2017 dt.17-03-2026
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    considerations or are made in breach of
    the rules, but they cannot be invalidated
    merely by showing in a general sort of
    way that they were not men possessed of
    high integrity, calibre or qualification.

    10. Lastly, we do not think that
    the Division Bench of the High Court was
    justified in going into the question
    whether the Chairman and members of
    the Haryana Public Service Commission
    were appointed on account of caste
    considerations and political patronage or
    were lacking in integrity, calibre or
    qualification, when the validity of their
    appointments was not challenged in the
    writ petitions nor was any relief claimed
    for setting aside their appointments. The
    validity of their appointments could not
    be questioned collaterally while
    considering the challenge to the
    selections made by them. This view
    receives support from the observations of
    Chinnappa Reddy, J. speaking on behalf
    of the Court in G. Rangaraju v. State of
    A.P.
    [(1981) 3 SCC 132 : 1981 SCC (Cri)
    652 : AIR 1981 SC 1473 : (1981) 3 SCR
    474] There, the learned Judge pointed out
    : (SCC pp. 140-41, para 17)
    “The defective appointment of
    a de facto Judge may be questioned
    Patna High Court CWJC No.1879 of 2017 dt.17-03-2026
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    directly in a proceeding to which he be a
    party but it cannot be permitted to be
    questioned in a litigation between two
    private litigants, a litigation which is of
    no concern or consequence to the Judge
    except as a Judge. Two litigants litigating
    their private titles cannot be permitted to
    bring in issue and litigate upon the title of
    a Judge to his office. Otherwise as soon
    as a Judge pronounces a judgment a
    litigation may be commenced for a
    declaration that the judgment is void
    because the Judge is no Judge. A Judge’s
    title to his office cannot be brought into
    jeopardy in that fashion. Hence the rule
    against collateral attack on validity of
    judicial appointments.”

    We wholly endorse these
    observations and conclude that the
    principle underlying these observations
    must be held to be equally applicable in
    the present case and the title of the
    Chairman and members of the Haryana
    Public Service Commission cannot be
    allowed to be placed in jeopardy in a
    proceeding for challenging the selections
    made by them. This ground of attack
    against the validity of the selections must
    therefore be rejected.”

    60. In so far as the claim of the petitioner regarding
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    reservation for dependents of freedom fighters is concerned, it

    appears from the materials on record that the employment

    notice did not provide for such reservation and the petitioner

    had not claimed such benefit in the original application form.

    61. In the absence of any provision in the

    advertisement providing for such reservation the said claim

    cannot be entertained at a later stage.

    62. Having considered the pleadings of the parties,

    the materials on record and the submissions advanced by

    learned counsel appearing on behalf of the respective parties,

    this Court now proceeds to determine the issues framed in the

    preceding part of this judgment.

    63. The principal grievance of the petitioner relates

    to non-implementation of the policy of horizontal reservation

    for women candidates introduced by the Government of Bihar

    through Resolution No. 963 dated 20.01.2016.

    64. However, as noticed earlier, recruitment to the

    posts in the civil courts is governed by rules framed under the

    administrative control of the High Court in exercise of powers

    under Article 235 of the Constitution of India.

    65. The materials brought on record indicate that the

    Standing Committee of the High Court had resolved on
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    15.12.2015 that appointments to Class IV posts in the civil

    courts were to be made following the procedure prescribed

    under the Bihar Civil Court Staff (Class III and Class IV)

    Rules, 2009 until new rules were finalized.

    66. The recruitment process in question was

    initiated pursuant to Employment Notice No. 01/2016 issued

    in March 2016 and therefore the said recruitment was

    governed by the 2009 Rules.

    67. The advertisement issued by the District and

    Sessions Judge, Madhubani specifically mentioned the

    categories of reservation applicable to the recruitment and did

    not provide for horizontal reservation for women candidates

    as introduced by the Government Resolution dated

    20.01.2016.

    68. In absence of any material indicating that the

    said government resolution was adopted by the High Court for

    recruitment of staff in the civil courts, it cannot be held that

    the respondent authorities were bound to implement the said

    reservation policy while conducting the recruitment process.

    69. The next contention of the petitioner relates to

    the validity of the selection process conducted solely on the

    basis of interview.

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    70. It is true that the Supreme Court in Renu vs

    District & Sessions Judge, Tis Hazari, (supra) emphasized

    the requirement of transparency and fairness in recruitment to

    public posts.

    71. It is also true that in Bihar Yuva Adhiwakta

    Kalyan Samittee vs Patna High Court, (supra) this Court

    expressed concern regarding selections to Class IV posts

    conducted exclusively through interview and observed that

    such method of selection may lead to arbitrariness.

    72. However, it must also be borne in mind that the

    recruitment process in the present case was initiated and

    completed under the framework of the 2009 Rules which

    specifically provided that selection to Class IV posts may be

    conducted through interview.

    73. The legality of the recruitment process must

    therefore be examined with reference to the rules which were

    in force at the relevant time.

    74. No material has been placed before this Court to

    demonstrate that the selection committee acted in a mala fide

    or arbitrary manner while conducting the interviews.

    75. In absence of any such material the selection

    process cannot be invalidated merely on the ground that it was
    Patna High Court CWJC No.1879 of 2017 dt.17-03-2026
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    conducted on the basis of interview as prescribed under the

    applicable rules.

    76. Another significant aspect which cannot be

    overlooked is the conduct of the petitioner in participating in

    the selection process without raising any objection regarding

    the terms of the advertisement.

    77. The advertisement clearly indicated the

    conditions governing the recruitment and the categories of

    reservation applicable to the posts in question.

    78. The petitioner, despite being aware of the said

    conditions, participated in the recruitment process and

    appeared in the interview.

    79. It is well settled that a candidate who

    participates in a selection process without protest cannot

    subsequently challenge the same after having failed to secure

    selection.

    80. In this regard reference may be made to the

    principle laid down by the Supreme Court in Ashok Kumar

    Yadav vs State of Haryana (supra) as well as several

    subsequent decisions wherein it has been held that a candidate

    who takes a chance in a selection process cannot turn around

    and challenge the procedure after being unsuccessful.
    Patna High Court CWJC No.1879 of 2017 dt.17-03-2026
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    81. In so far as the petitioner’s claim regarding

    reservation under the category of dependent of a freedom

    fighter is concerned, it appears that such reservation was

    neither provided for in the employment notice nor claimed by

    the petitioner in her original application.

    82. In absence of any provision in the advertisement

    providing for such reservation the said claim cannot be

    entertained at a subsequent stage.

    83. Having regard to the discussion made

    hereinabove, this Court is of the considered view that the

    petitioner has failed to make out a case warranting

    interference with the recruitment process undertaken pursuant

    to Employment Notice No. 01/2016.

    84. For the reasons recorded hereinabove, this Court

    does not find any merit in the present writ petition.

    85. Accordingly, the writ petition stands dismissed.

    86. The interim order passed earlier in the case

    stands vacated.

    87. However, there shall be no order as to costs.

    (Bibek Chaudhuri, J)
    skm/-

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    AFR/NAFR NAFR
    CAV DATE 26.02.2026
    Uploading Date 17.03.2026
    Transmission Date 17.03.2026



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