Patna High Court
Dharmraj BheemversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner has no current entitlement, but may revive the writ petition if the pending S.L.P. (C) No. 38217 of 2025 is decided in favour of a similarly situated person.
Summary
Dharmraj Bheem, a lower division clerk, filed a civil writ petition challenging the State of Bihar and its education officials for an alleged entitlement. The court noted that a Full Bench of the Patna High Court in C.W.J.C. No. 23831 of 2018 had already held that the petitioner had no entitlement. However, the court observed that if the pending S.L.P. (C) No. 38217 of 2025, filed by a similarly situated person, is decided in favour of that person, the petitioner may also be entitled. Accordingly, the petition was disposed, but the petitioner was granted liberty to revive the writ by filing an application if the referenced S.L.P. is decided favourably. The order is purely conditional and does not grant any immediate relief.
Issues considered
- Whether the petitioner is entitled to the relief sought under the writ petition.
- Whether the decision in the pending S.L.P. (C) No. 38217 of 2025 can affect the petitioner's entitlement.
Subjects
- civil writ jurisdiction
- entitlement
- conditional relief
- education department
- revival of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1540 of 2022
======================================================
Dharmraj Bheem son of late Laldeo Poddar resident of Village and P.O.-
Alauli, P.S.- Alauli, District- Khagaria Presently working as Lower Division
Clerk at District Education Office, Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department Government of Bihar, Patna.
2. The Director, Secondary Education, Government of Bihar, Patna.
3. The Regional Deputy Director (Education), Munger Division, Munger.
4. The District Education Officer, Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
Ms. Shikha Thakur, Advocate
For the State : Smt. Binita Singh (SC-28)
Mr. Ujjawal Bhushan, (AC to SC-28)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 12-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Both the counsel jointly submits that the issue
involved in the present case has already been decided by the
Hon’ble Full Bench of this Court vide order dated 27.08.2025 in
C.W.J.C. No. 23831 of 2018 with other analogous cases,
according to which, the petitioner has no entitlement at present.
But, in case, the S.L.P. (C) No. 38217 of 2025 preferred by other
similarly situated person is decided in their favour, then the
petitioner shall also be entitled for the same.
Patna High Court CWJC No.1540 of 2022(4) dt.12-01-2026
2/2
3. In this background, the present writ petition is
hereby disposed off granting liberty to the petitioner that in case
the above named S.L.P. (C) No. 38217 of 2025 decided in
favour of other similarly situated person, then the petitioner by
way of filing an application shall revive this writ petition.
(Dr. Anshuman, J)
Divyansh/-
U
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