Patna High Court
Mahendra Kumar VidyarthiversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The petition was dismissed for non‑prosecution.
Summary
Mahendra Kumar Vidyarthi filed a writ of mandamus seeking his appointment as Tola Savak in Itwan village. The respondents countered that his intermediate certificate was fake, leading to his cancellation and appointment of another candidate. No counsel appeared for the petitioner, and the petitioner himself did not appear on the scheduled dates. The court noted the allegations but, due to the petitioner’s failure to prosecute the writ, dismissed the petition. The dismissal was on procedural grounds of non‑prosecution, without addressing the substantive merit of the appointment claim.
Issues considered
- Can the writ of mandamus be entertained when the petitioner fails to appear and prosecute the application?
Subjects
- writ of mandamus
- appointment
- non‑prosecution
- public service recruitment
- fake certificate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1662 of 2017
======================================================
Mahendra Kumar Vidyarthi S/o Late Naresh Ram, Resident of Village- Itwan,
P.S. P.O.- Rampur Chauram, District- Arwal, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The District Magistrate, District- Arwal, Bihar.
4. The District Education Officer, District- Arwal, Bihar.
5. The District Program Officer, District- Arwal, Bihar.
6. Sri Ravi Shankar, S/o Vijay Ram, Itwan Tola Savak, Panchaayat Awgila,
P.O. P.S.- Rampur Chouram, District- Arwal, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Subhash Chandra Mishra, SC16
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 12-01-2026 1. No one appears for the petitioner. Learned counsel
for the respondents are present.
2. The petitioner has filed the instant application for
the following reliefs:
“1. That this writ application is being filed in the
nature of writ of Mandamus directing the
respondents authority to appoint the petitioner
as a TOLA SAVAK in village-Itwan, Panchayat-
Awageela, P.S.-Rampur, District-Arwal and be
further pleased to issue an appropriate writ or
direction or your lordship may deem fit and
proper.”
Patna High Court CWJC No.1662 of 2017(6) dt.12-01-2026
2/3
3. Learned counsel for the respondents refers to the
statement made in paragraph nos. 9 and 10 of the counter
affidavit filed on behalf of the respondent nos. 4 and 5 which
reads as follows:
“9. That the Block Education Officer, Arwal has
inquired the matter and submitted enquiry report
before the D.P.O. (Literacy), Arwal and stated
therein that the Intermediate certificate of the
petitioner is fake. The petitioner was initially
selected as Tola Sewak on the basis of fake
intermediate certificate.
A photo copy of enquiry
report dated 23.1.2014 is
annexed herewith and
marked as Annexure-C to
this counter affidavit.
10. That the selection committee held the
meeting on 6.2.2014 and taken decision on the
basis of enquiry report submitted by the Β.Ε.Ο.,
Arwal cancelled the selected candidate namely
Mahendra Kumar Vidhyarthi from the post of
Tola Sewak due to fake Intermediate certificate
and finally selected Ravi Shankar Kumar who
was highest rank in merit list and issued
appointment letter in favour of Ravi Shankar,
also joined as Tola Sewak and he is working in
village-Itwah.
A photo copy the of
Patna High Court CWJC No.1662 of 2017(6) dt.12-01-2026
3/3
meeting dated 6.2.2014
herewith is and annexed
marked as Annexure-D to
this counter affidavit.”
4. No one appeared on behalf of the petitioner on
8.1.2026 also.
5. The case is dismissed for non-prosecution.
(Partha Sarthy, J)
Bibhash/-
U
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