Patna High Court
Rajshekhar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Rajshekhar Chaudhary, filed a writ petition seeking a direction for the State of Bihar to absorb ex‑instructors of Adult and Non‑Formal and Mass Education. The petitioner argued that the Supreme Court had already decided the issue but imposed a condition precedent that any application for absorption must be filed before 26‑02‑2016, which he had not complied with. He also indicated that a related matter was still pending before the Supreme Court and requested permission to withdraw the petition, reserving the right to sue if the Supreme Court later ruled in favor of similarly situated persons. The learned counsel for the State opposed the petition on the ground of non‑compliance with the Supreme Court condition. The Court, after hearing both sides, granted permission to withdraw the petition. Consequently, the writ petition was dismissed as withdrawn, with liberty to the petitioner to approach the court again if the Supreme Court decision becomes favorable.
Issues considered
- Whether the State of Bihar is obligated to absorb the ex‑instructors of Adult and Non‑Formal and Mass Education.
- Whether the petitioner complied with the Supreme Court‑imposed condition precedent of filing the application before 26‑02‑2016.
- Whether the petition can be entertained while a related matter is pending before the Supreme Court of India.
Subjects
- writ petition
- absorption of employees
- condition precedent
- Supreme Court decision
- withdrawal of petition
- public service employment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1679 of 2022
======================================================
Rajshekhar Chaudhary Son of Baidyanath Chaudhary R/v- Babhangama,
Police Station- Triveniganj, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Mass Education-cum-Joint Secretary, Bihar, Patna.
4. The District Magistrate, Supaul.
5. The District Education Officer, Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prafull Chandra Thakur, Advocate
For the Respondent/s : Smt. Shilpa Singh (GA-12)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the petitioner fairly submits
that the present writ petition has been filed seeking direction
against the State Government to absorb the Ex-instructors of
Adult and Non-Formal and Mass Education. Counsel submits
that this matter has already been decided upto the Hon’ble
Supreme Court of India and the petitioner has not moved before
this Court on or before 26.02.2016 which was a condition
precedent fixed by the Hon’ble Supreme Court of India for
consideration of absorption. He further submits that some matter
Patna High Court CWJC No.1679 of 2022(3) dt.05-01-2026
2/2
is still pending before the Hon’ble Supreme Court of India and
as such, he seeks permission to withdraw the present writ
petition with liberty that in case the matter decides in favour of
those persons similarly situated as like that of petitioner before
Hon’ble Supreme Court of India, then he may sue.
3. Permission is granted.
4. Accordingly, the present writ petition stands
dismissed as withdrawn with aforesaid liberty.
(Dr. Anshuman, J)
Divyansh/-
U
Checking your session…