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Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the petitioner to file a detailed representation and ordered the university to decide the promotion claim within a stipulated period, disposing of the writ petition.

Summary

Petitioner Rupesh Kumar, a Lower Division Clerk, sought a writ of mandamus directing the State of Bihar and L.N. Mithila University to promote him to Upper Division Clerk, relying on a prior judgment (Ajay Kumar Sah v. State of Bihar) and clause‑4(c) of the Bihar Litigation Policy. The petitioner argued that a similar case (CWJC No.18985/2017) resulted in promotion, and that the university had already granted promotion to another employee under the same circumstances. The State contended that the petitioner must first file a detailed representation before the university registrar for consideration. The court, after hearing both sides, ordered the petitioner to submit a detailed representation with supporting documents within four weeks, and directed the university to adjudicate the matter within six weeks, extending the benefits if the case is found similar. The writ petition was consequently disposed, with the court retaining jurisdiction to ensure compliance.

Issues considered

  • Whether the petitioner is entitled to promotion to Upper Division Clerk under clause‑4(c) of the Bihar Litigation Policy in view of the precedent set in Ajay Kumar Sah v. State of Bihar.
  • Whether the university is obligated to consider the petitioner's representation and grant promotion if his case is found similar to the earlier judgment.
  • Whether the court can direct the filing of a detailed representation and set timelines for adjudication.

Subjects

  • promotion
  • civil service
  • Bihar Litigation Policy
  • writ of mandamus
  • administrative law
  • higher education
  • employment
  • representation
  • judicial precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1396 of 2026
                 ======================================================
                 Rupesh Kumar S/o Late Bharat Prasad Nayak, Resident of- ward No.3, Near
                 J.N. College Gate, Madhubani District- Madhubani. Presently posted as
                 Lower Division Clerk at R.K. College, Madhubani.

                                                                     ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department, Govt. of Bihar,
                 Patna.
           3.    The Director, Higher Education, Education Department, Govt. of Bihar,
                 Patna.
           4.    The Vice Chancellor, L.N. Mithila University, Darbhanga.
           5.    The Registrar, L.N. Mithila University, Darbhanga.
           6.    The Finance Officer, L.N. Mithila University, Darbhanga.
           7.    The Principal, Ram Krishna College, Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Shashi Bhushan Singh
                 For the State           :      Mr.Ritesh Suman, AC to SC13)
                 For the University      :      Smt.Binita Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   29-01-2026                     In the instant petition, petitioner has prayed for the

                   following relief(s):-

                                                         “(i) For issuance of an
                                               appropriate writ in the nature of
                                               Mandamus,       Commanding         and
                                               directing the respondents to grant
                                               promotion to the petitioner on post of
                                               Upper Division Clerk from due date in
                                               view of order dated 16.02.2018
                                               passed in CWJC No.18985/2017 read
                                               with clause -4 (c) of Bihar litigation
                                               Policy, as the petitioner has also
                                               declared successful in the written test
                                               but he has not promoted mere on the
                                               reason that he was appointed on
Patna High Court CWJC No.1396 of 2026(2) dt.29-01-2026
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                                       compassionate ground like the
                                       petitioner of CWJC No.18985/2017
                                       whereas under the same and similar
                                       circumstances petitioner of CWJC No.
                                       18985/2017 has been granted
                                       promotion vide Memo No.C/DR-
                                       I/13230-41/24 dated 13.07.2024 w.e.f.
                                       27.09.2016 and further a direction to
                                       grant consequential benefit there
                                       upon.
                                                 (ii) For issuance of any
                                       other      appropriate       writ/writs,
                                       order/orders, direction/ directions for
                                       which the writ petitioner shall be
                                       found entitled under the facts and
                                       circumstances of the case.”

                      2. Counsel for the petitioner submits that the

          petitioner’s case is squarely covered by the judgment rendered

          by Co-ordinate Bench in the case of Ajay Kumar Sah vs. State

          of Bihar & Ors. vide its order dated 16.02.2019 passed in

          CWJC No. 18985 of 2017, which has attained finality and

          relying upon the said order, this Court has also passed order

          dated 09.09.2025 in CWJC No. 14876 of 2025 (Shashi

          Shekhar Prasad Yadav vs. State of Bihar & Ors.), in which the

          following direction have issued in Para 6 and 7, which is re-

          produced as under:-

                                                  “6. On the other hand,
                                       learned counsel for the University
                                       submits that the representation which
                                       is said to have been submitted before
                                       the Registrar of the University may be
                                       directed to be considered in
                                       accordance with law, and in case the
Patna High Court CWJC No.1396 of 2026(2) dt.29-01-2026
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                                       petitioner's case is found to be similar
                                       to that of Ajay Kumar Sah (petitioner
                                       of CWJC No.18985 of 2017), his case
                                       shall also be decided and the benefits
                                       which are said to have been extended
                                       in favour of Ajay Kumar Sah shall
                                       also be extended in favour of the
                                       petitioner within such time.
                                                  7.      Considering       the
                                       foregoing discussions, this case is
                                       being disposed of with a direction that
                                       the entire exercise with respect to the
                                       consideration of the petitioner's
                                       representation shall be completed by
                                       passing a reasoned and speaking
                                       order, within six weeks from the date
                                       of production/receipt of a copy of this
                                       order. If required, the petitioner may
                                       be called upon to submit a response to
                                       any query which, according to the
                                       University,     is     necessary     for
                                       adjudicating the lis in question. Upon
                                       such consideration, if the case is
                                       found to be valid in law, the same
                                       shall be extended to the petitioner
                                       without any delay.”

                      3. On the other hand, counsel for the State submits

          that the petitioner may be directed to file a detailed

          representation in the light of judgment rendered by the Co-

          ordinate Bench in the case of Ajay Kumar Sah (supra), which

          shall be examined by Registrar, Lalit Narayan Mithila

          University, Darbhanga and finding his case to be similar, then

          necessary orders shall be passed in accordance with law.

                      4. Considering the submission of the parties, this

          Court finds appropriate in directing the petitioner to file a
           Patna High Court CWJC No.1396 of 2026(2) dt.29-01-2026
                                                       4/4




                     detailed representation, along with the supportive materials and

                     the orders passed by this Court, within a period of four weeks.

                                 5. On filing such representation, the same shall be

                     adjudicated within the further period of six weeks and if found

                     entitled, benefits shall also be extended to petitioner, within the

                     same time by passing a reasoned and speaking order.

                                 6. Accordingly, the instant writ petition stand disposed

                     of.



                                                  (Ajit Kumar, J)
abhishekkr/-

U


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