Case Background
This case arose from Advertisement No. 02/2022 dated 21.01.2022 issued for selection and appointment to 624 posts of Touring Veterinary Officer in Bihar.
The petitioners were students of the Bachelor of Veterinary Science and Animal Husbandry (B.V.Sc. & A.H.) course. They had cleared their theory and practical examinations and were undergoing compulsory internship, which was scheduled to finish on 31.03.2022.
Under a communication of the Government of India dated 24.11.2020, the B.V.Sc. & A.H. course was supposed to be completed by 31.12.2020, based on an earlier advisory dated 17.06.2020. However, due to the Covid-19 pandemic, the Bihar Animal Sciences University could not conduct examinations and complete the course by that date. This delay is recorded in the affidavit filed on behalf of the University.
Meanwhile, the recruitment advertisement fixed 23.02.2022 as the last date for submitting online applications. The petitioners, still in the middle of their internship on that date, did not meet the eligibility requirement and could not apply.
The petitioners submitted a representation (Annexure‑5) to the State Government seeking relaxation of the cut-off date so that they could participate in the selection process. According to them, no decision was taken on this representation.
Feeling aggrieved, they approached the Patna High Court under its civil writ jurisdiction in CWJC No. 2789 of 2022, challenging the cut-off date indirectly by seeking directions to allow them to participate and to extend the last date for applications.
What the Court Examined and Decided
The petitioners filed the writ petition seeking three main reliefs. First, they asked for a direction to allow them to participate in the selection process commenced under Advertisement No. 02/2022 for 624 posts of Touring Veterinary Officer.
Second, they requested a direction to extend the last date for receiving applications, originally fixed as 23.02.2022. Their prayer was that the cut-off should be extended up to a time when their internship would be completed, since they had already passed the theory and practical examinations.
Third, they sought any other relief that the Court might find them entitled to.
It was not disputed before the Court that on 23.02.2022 the petitioners did not fulfil the eligibility criteria for the advertised posts. Their internship in the B.V.Sc. & A.H. course was still in progress and was scheduled to end on 31.03.2022.
The Court noted that as per the Government of India’s communication dated 24.11.2020, the B.V.Sc. & A.H. course was meant to be completed before 31.12.2020. This communication was itself based on an advisory dated 17.06.2020. If the schedule had been followed, the petitioners would have completed their course much earlier.
However, the Bihar Animal Sciences University could not adhere to these directives because of the Covid‑19 pandemic. The University’s affidavit accepted that the examinations could not be held and the course could not be completed by 31.12.2020 due to pandemic-related disruption.
Because of this delay, the petitioners completed their internship only on 31.03.2022. The core grievance before the Court was whether, despite this delay being beyond their control, they were entitled to relaxation of the last date of submission of applications from 23.02.2022 to the first week of April 2022.
The Court went into the nature of the relief sought. It observed that any relaxation of the last date for submission of applications to a civil post is essentially a matter of government policy. Decisions regarding who is eligible, what should be the cut-off date, and whether to extend that date all belong to the policy domain of the State Government.
The Court made it clear that Writ Courts generally cannot interfere in such policy decisions or direct the State Government to take a policy decision in a particular manner. In other words, the High Court could not itself extend the cut-off date or order that it be extended to any specific date.
In this context, the Court noted that the petitioners had already approached the State Government by way of a written representation, annexed as Annexure‑5. According to the petitioners, this representation had not been acted upon. No order had been passed either accepting or rejecting their request for extension of the cut-off date.
Instead of granting the substantive relief of extension, the Court chose to ensure that the Government dealt with the representation lawfully and within a fixed time. It therefore directed the State Government to examine the petitioners’ or proposed respondents’ representation together with the affidavit filed by the University. The State Government was to consider both documents and then either accept or reject the petitioners’ grievance.
The Court fixed a time limit of one month from the date of receipt of the Court’s order for the State Government to take a decision. This ensured that the matter would not remain pending indefinitely without any response from the authorities.
During the hearing, counsel for the intervenor respondents (other candidates wishing to oppose the petition) informed the Court that an interlocutory application had been filed to come on record and contest the petitioners’ claim. However, in view of the direction already issued by the Court to the Government to decide the policy question, the Court held that the petitioners’ rights were not being affected at that stage.
The Court pointed out that it remained for the Government to take a policy decision either to extend or not to extend the cut-off date from 23.02.2022 to some later date, pursuant to Advertisement No. 02/2022. Since the core decision would lie with the Government rather than the Court, the interlocutory application did not survive for consideration and was disposed of.
At the end of the hearing, counsel for the petitioners brought to the Court’s attention that the cut-off date under Advertisement No. 02/2022, originally 23.02.2022, had already been modified to 05.03.2022. This subsequent change was mentioned so that the State Government would also take it into account while considering the petitioners’ grievance.
Taking note of this submission, the Court did not alter its earlier direction but clarified that the Government may consider this modified cut-off date while dealing with the representation. The writ petition was then disposed of with these observations.
In summary, the Patna High Court did not decide whether the cut-off date should in fact be extended. It only held that such a decision is a policy matter for the State Government and directed that the petitioners’ representation be considered and decided within a fixed time, after looking at the University’s affidavit and the later change of cut-off date to 05.03.2022.
Why This Judgment Matters
This judgment is important for candidates affected by delays in their courses due to reasons like the Covid‑19 pandemic. It confirms that the Patna High Court will not itself rewrite recruitment rules or extend cut-off dates for applications.
At the same time, the judgment protects candidates from administrative silence. If candidates have made a proper representation about a genuine difficulty, the Government cannot simply ignore it. The authorities must examine the representation and take a clear decision within a reasonable time.
For students and job applicants, the ruling shows the limit and the utility of a writ petition. The Court may not directly grant relaxation of eligibility, but it can compel the Government to respond to their requests and to consider relevant material, such as university affidavits and changed notification dates.
For the administration, the decision reinforces that recruitment timelines and cut-off dates are considered policy matters. However, such policy must still be applied in a fair and transparent manner after considering special circumstances placed before it.
Legal Issues and Answers
- Issue: Can the Patna High Court, in writ jurisdiction, extend or direct extension of the cut-off date for submission of applications for a civil post under a recruitment advertisement?
Answer: No. The Court held that relaxation or extension of the last date for applications is a matter of State policy, and the Writ Court cannot direct the Government to take a policy decision in a particular manner. - Issue: What relief can the Court grant when the Government has not decided a representation seeking such extension?
Answer: The Court can direct the State Government to examine the representation, consider relevant materials such as the University’s affidavit, and either accept or reject the grievance within a specified period. - Issue: Does the presence of intervenor applicants affect this stage of proceedings?
Answer: No. Since the Court only directed the Government to take a policy decision and did not itself alter the cut-off date, the intervenors’ rights were not affected and their interlocutory application was disposed of.
Cases Cited by the Court
- The judgment text does not record any prior case law being cited or relied upon by the Court.
Case Details
Case Number: Civil Writ Jurisdiction Case No. 2789 of 2022
Case Title: Pankesh Kumar & Ors. v. The State of Bihar & Ors.
Citation: 2022(2) PLJR 116
Coram: Hon’ble Mr. Justice P. B. Bajanthri
Date of Judgment: 08.03.2022
Advocates:
- For the petitioners: Sri P.K. Shahi, Senior Advocate; Mr. S.S. Sundaram, Advocate
- For Bihar Technical Service Commission: Mr. Nikesh Kumar, Advocate
- For the State of Bihar: Mr. Sajid Salim Khan (SC‑25); Mr. Wasi Ahmad Khan (AC to SC‑25)
- For the intervenor respondents: Mr. Niranjan Kumar, Advocate; Mr. Kumar Kishan
- For Bihar Animal Sciences University: Mr. Ashok Kumar Mishra, Advocate
Nature of the Case: Writ petition under civil writ jurisdiction challenging non-extension of cut-off date in a recruitment process and seeking permission to participate in selection.
Advertisement and Posts Involved: Advertisement No. 02/2022 dated 21.01.2022 for selection and appointment to 624 posts of Touring Veterinary Officer.
Link to Judgment: Click here to read the full judgment of the Patna High Court
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