Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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
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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
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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/-
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