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Patna High Court

Randhir SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court did not grant the writ; it directed the petitioner to file a representation and the authority to consider it before any order on regularisation.

Summary

Randhir Singh, an Instructor in the Adult Education programme of Bihar, filed a writ petition seeking his absorption in regular government service as a Class‑IV employee, invoking an earlier order dated 26‑10‑2016 in C.W.J.C. No.14302/2014 that had regularised supervisors. He argued that the same policy should apply to instructors and cited a similar case of Vijay Kumar. The State contended that the petition was for mandamus but no representation had been filed, which is a prerequisite for such relief. The Court asked the petitioner to file his representation within 30 days and directed the Director of Adult Education to consider it and issue a reasoned order within 90 days, stating that it was not expressing any view on the merits. Consequently, the petition was disposed of pending the filing of the representation.

Issues considered

  • Whether the petitioner is entitled to mandamus for regularisation without having filed a representation before the authority.
  • Whether the policy applied in C.W.J.C. No.14302/2014 for supervisors must be extended to instructors.

Subjects

  • regularisation
  • mandamus
  • representation
  • adult education
  • government service
  • class IV
  • writ petition

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.1256 of 2022
     ======================================================
     Randhir Singh S/o-Hardev Singh R/o-Vill-Post-Basantpur, P.S.-Jandaha,
     District-Vaishali.
                                                               ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through the Chief Secrertary, Old Secretariat, Patna
2.   The Addiotional Chief Secretary, Education Department, Vikas Bhawan,
     Patna.
3.   The Aditional Chief Secrertary, General Administration Department, Bihar,
     Patna.
4.   The Director, Adult Education, Govt. of Bihar, Patna.
5.   The District-Programme Officer, Hajipur, Vaishali.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Sanjay Kumar, Advocate
     For the Respondent/s   :      Mr. Subhash Chandra Mishra (SC-16)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 28-01-2026

                        Heard learned Counsel for the petitioner and

      learned Counsel for the State.

                        2. The present writ petition has been filed by

      the petitioner with the following reliefs:-

                                                      “(i) For issuance of
                                    direction/writ/order            to         the
                                    Respondents           to    absorb         the
                                    petitioner in regular service who
                                    was working as Instructor with
                                    Adult Education, at least on class IV
                                    post on the line as the respondents
                                    absorbed the Supervisors of the
Patna High Court CWJC No.1256 of 2022 dt.28-01-2026
                                           2/4




                                         programme and as per order dated
                                         26.10.2016 passed in C.W.J.C No.
                                         14302 of 2014.
                                                         (ii) For issuance of
                                         an appropriate writ/order/direction
                                         to the respondents to apply same
                                         policy in respect of the Instructors
                                         of the programme and absorb him
                                         in regular government service.
                                                         (iii) For issuance of
                                         an appropriate writ/order/direction
                                         to      the   respondents   to   take
                                         appropriate action with regard to
                                         the petitioner and appoint him on
                                         Class-IV post as has been done in
                                         case of Vijay Kumar, who was also
                                         petitioner with the petitioner in
                                         C.W.J.C No. 14302/2014.
                                                         (iv) To pass such
                                         other order or orders as your
                                         lordships may deem fit and proper
                                         in the facts and circumstances of the
                                         case as stated herein below.”
                            3. Learned Counsel for the petitioner, in brief,

         submits that he is entitled for the relief as prayed for in the

         light of order dated 26.10.2016 passed in C.W.J.C. No.14302

         of 2014. Counsel submits that since the petitioner has moved
Patna High Court CWJC No.1256 of 2022 dt.28-01-2026
                                           3/4




         earlier before this Hon’ble Court in C.W.J.C. No.14302 of

         2014, which was disposed off on 26.10.2016 and, therefore,

         he comes within the purview of the decision passed by

         Hon’ble Supreme Court as it is a case where the case of the

         petitioner has been entertained earlier prior to the decision

         of Hon’ble Supreme Court.

                            4. Learned Counsel for the State submits that

         writ petition has been filed for issuance of mandamus but

         representation is no where.

                            5. Upon the specific query of the Court to the

         Counsel that where is the representation. Counsel submits

         that though representation has been filed but copy of the

         same has not been annexed. He submits that representation

         has been made, but upon reading of para-20, it does not

         transpire that he has filed specific representation. As such,

         liberty is hereby granted to him to file his representation and

         respondent No.4, the Director, Adult Education, Government

         of Bihar, Patna, is directed to entertain the representation of

         the petitioner, if he filed within 30 days explaining all the

         situation, this Court is not hereby expressing anything on

         merit. Respondent No.4, the Director, Adult Education,
             Patna High Court CWJC No.1256 of 2022 dt.28-01-2026
                                                        4/4




                      Government of Bihar, Patna, is free to consider every aspect

                      of the position and, then, pass a reasoned and speaking

                      order within 90 days from today.

                                         6. With        the        aforesaid   observation   and

                      direction, this writ petition is disposed off.


                                                                           (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          31.01.2026
Transmission Date


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