Created by Fuzzy Cloud

Patna High Court

Manju KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed because no valid representation was made to the Director, and the court cannot issue mandamus for promotion without such representation.

Summary

A group of Staff Nurses Grade‑A from Jawahar Lal Nehru Medical College, Bhagalpur filed a writ petition seeking a mandamus directing the State of Bihar and its health officials to promote them to Ward Sister/Nursing Sister, citing similar promotions dated 20‑12‑2024. They claimed to have made a representation to the Director, Health Department, but the State contended that no such representation was on record. The Court examined the annexures and found no clear evidence of any representation being filed or its date, concluding that the alleged representation did not exist. Consequently, the Court dismissed the writ petition but granted the petitioners liberty to file a fresh representation before the Director within 30 days, directing the Director to decide the matter within 90 days. The order thus disposes of the petition pending a proper representation.

Issues considered

  • What is the appropriate remedy when a group of staff nurses claim entitlement to promotion based on alleged prior representations?
  • Whether the court can issue a mandamus directing promotion in the absence of a demonstrable representation to the concerned authority.

Subjects

  • promotion
  • staff nurse
  • ward sister
  • mandamus
  • writ petition
  • representation
  • administrative law
  • health department

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1183 of 2026
     ======================================================
1.    Manju Kumari Daughter of Ram Chatritra Paswan, at present posted as a
      Staff Nurse Grade-A, in the Jawahar Lal Nehru Medical College and
      Hospital, Bhagalpur.
2.   Bindu Kumari, Daughter of Dashrath Paswan, at present posted as a Staff
     Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
3.   Sweta Kumari, Daughter of Bhagwan Das, at present posted as a Staff Nurse
     Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
4.   Anita Kumari, Daughter of Ravi Prakash, at present posted as a Staff Nurse
     Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
5.   Aprajita Kumari, Daughter of Savesh Sah, at present posted as a Staff Nurse
     Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
6.   Binita Kumari, Daughter of Shankar Prasad Singh, at present posted as a
     Staff Nurse Grade-A, in the Jawahar Lal Nehru Medical College and
     Hospital, Bhagalpur.
7.   Priyanka Kumari, Wife of Prabhash Kumar, at present posted as a Staff
     Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
8.   Barsa Rani, Daughter of Abhinandan Singh, at present posted as a Staff
     Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
9.   Annu Kumari, Wife of Barun Kumar Singh, at present posted as a Staff
     Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
     Bhagalpur.
10. Vibha Kumari, Wife of Sunil Kumar Suman, at present posted as a Staff
    Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
    Bhagalpur.
11. Arti Kumari, Daughter of Mithai Lal, at present posted as a Staff Nurse
    Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
    Bhagalpur.
12. Nilam Kumari, Wife of Manoj Kumar Thakur, at present posted as a Staff
    Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
    Bhagalpur.
13. Sunita Kumari, Wife of Ganesh Kumar Gautam, at present posted as a Staff
    Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
    Bhagalpur.
14. Kundan Bharti, Daughter of Late Surendra Prasad Singh, at present posted
    as a Staff Nurse Grade-A, in the Jawahar Lal Nehru Medical College and
    Hospital, Bhagalpur.
15. Rajshree Kumari, Wife of Jitendra Kumar, at present posted as a Staff Nurse
Patna High Court CWJC No.1183 of 2026 dt.03-02-2026
                                           2/4




        Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
        Bhagalpur.
  16. Sarita Sinha, Wife of Shyam Sunder Kumar, at present posted as a Staff
      Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
      Bhagalpur.
  17. Niharika Nidhi Shree, Daughter of Uday Kumar Beldar, at present posted as
      a Staff Nurse Grade-A, in the Jawahar Lal Nehru Medical College and
      Hospital, Bhagalpur.
  18. Nutan Sinha, Daughter of Rajendra Deo Mandal, at present posted as a Staff
      Nurse Grade-A, in the Jawahar Lal Nehru Medical College and Hospital,
      Bhagalpur.

                                                                      ... ... Petitioner/s
                                              Versus

  1.    The State of Bihar through the Principal Secretary, Health Department,
        Bihar, Patna.
  2.    The Director, Health Department, Govt. of Bihar, Patna.
  3.    The General Administration Department, Bihar, Patna.
  4.    The Commissioner, Health Department, Bhagalpur.
  5.    The Superintendent, Jawahar Lal Nehru Medical College and Hospital,
        Bhagalpur.

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       For the Petitioner/s     :       Mr. Devi Das Srivastava, Advocate
       For the Respondent/s     :       Mr. Advocate General
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
       ORAL JUDGMENT
       Date : 03-02-2026


                     Heard learned Counsel for the petitioners and learned

         Counsel for the State.

                     2. The present writ petition has been filed with the

         following reliefs:-

                                                       “(a) For issuance of writ in
                                         the nature of mandamus directing and
                                         commanding the Respondents to grant
Patna High Court CWJC No.1183 of 2026 dt.03-02-2026
                                           3/4




                                         promotion to the petitioners from the
                                         Post of Staff Nurse Grade-A to the
                                         Post of Ward Sister/Nursing Sister on
                                         the basis of similar situated Staff
                                         Nurses Grade-A who appointed with
                                         the petitioners have been promoted on
                                         the post of Ward Sisters/Nursing
                                         Sisters vide order dated 20.12.2024
                                         passed       by   the     Director-in-Chief,
                                         Health       Department,       Directorate,
                                         Health Service, Govt. of Bihar, Patna.
                                                      (b)For issuance of writ in
                                         the nature of mandamus directing and
                                         commanding the Respondents that
                                         after    granting       promotion     to    the
                                         petitioners on the post of Ward
                                         Sisters/Nursing            Sister,          the
                                         consequential benefits may also be
                                         allowed      from   the     date     of    said
                                         promotion.
                                                      (c) To grant any other relief
                                         or reliefs under which the petitioner
                                         found entitled to the facts and
                                         circumstances of the case.”
                     3. Learned Counsel for the petitioners submits that

         for the fulfillment of their grievances petitioners along with

         others have filed representation before respondent No.2, the

         Director, Health Department, Government of Bihar, Patna, but
             Patna High Court CWJC No.1183 of 2026 dt.03-02-2026
                                                        4/4




                      no decision has been taken at the level of respondent No.2.

                                  4. Learned Counsel for the State opposes the prayer of

                      the petitioners and submits that from Annexure-P/21, it is not

                      clear that any such representation has been received.

                                  5. Upon going through the documents, it transpires to

                      this Court that from the pleading also it is not clear that on what

                      date the representation was made. Therefore, this Court is of the

                      firm view that this representation is no representation.

                                  6. In this view of the matter, this writ petition is

                      disposed off granting liberty to the petitioners that they shall file

                      fresh representation before the respondent No.2 along with a

                      copy of this order within 30 days from today and respondent

                      No.2, the Director, Health Department, Government of Bihar,

                      Patna, shall decide the representation of the petitioners within

                      90 days thereafter.




                                                                   (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.02.2026
Transmission Date


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.