Patna High Court
Manju KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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
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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
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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
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