Patna High Court

Badal KumarversusThe State of Bihar

Decided: 16 February 2026
Disposal: DISPOSED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The petition is dismissed as it does not involve public interest, though the petitioner may file an appropriate writ petition to challenge the selection.

Summary

Badal Kumar filed a public interest litigation challenging the eligibility of Umang Bal Vikas Sansthan (respondent No.7) to operate the Ashra Grih in Patna, citing Office Order No. 989 dated 08-09-2025. The petition alleged that the selection did not meet the criteria specified in the advertisement. The High Court examined the petition and the counter‑affidavit filed by the State of Bihar and other respondents. The Court held that the matter did not involve any public interest and the PIL was misconceived. Consequently, the petition was disposed, but the Court granted the petitioner liberty to file a proper writ petition challenging the selection if desired.

Issues considered

Whether the petition filed by Badal Kumar qualifies as a public interest litigation.
Whether respondent No.7 meets the eligibility criteria prescribed in the advertisement for operating Ashra Grih.

Subjects

public interest litigation
eligibility criteria
administrative selection
writ petition
petition dismissed

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.18744 of 2025
     ======================================================
     Badal Kumar S/o Vijay Kumar, R/o 34/7a, Sri Krishna Nagar, Road No. 25
     Near SBI Shri Krishna Nagar, Patna Sadar, P.S.- Buddha colony Patna.

                                                              ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Chief Additional Secretary, Social Welfare
     Department, Bihar, Patna.
2.   The Secretary, Social Welfare Department, Bihar, Patna.
3.   The Director, Disabled Empowerment Directorate (Social Welfare
     Department) Bihar, Patna.
4.   The Deputy Director, Disable Empowerment Directorate (Social Welfare
     Department) Bihar, Patna.
5.   The Assistant Director, Disable Empowerment Directorate (Social Welfare
     Department) Bihar, Patna.
6.   The District Magistrate, Patna.
7.   Umang Bal Vikas Sansthan Awasiya Divyang Prashikshak Sansthan,
     Fairfield Colony, Digha Ghat, Patna, Bihar who has been Selected for
     conducting the Ashra Home, Indrapuri, Rajiv Nagar, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Sumit Kumar
     For the Respondent/s   :      Mr.Advocate General
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)
     Date : 16-02-2026
                   This writ petition has been filed in the nature of a

      Public Interest Litigation by one Badal Kumar on the ground

      that the respondent No. 7 in respect of whom office order No.

      989 dated 08.09.2025 has been issued for running the Asra Grih

      Indrapuri, Rajeev Nagar, Patna, does not meet the eligibility

      criteria as per the advertisement.

                      2. Counter affidavit has also been filed by the
             Patna High Court CWJC No.18744 of 2025 dt.16-02-2026
                                                        2/2




                      respondent Nos. 1 to 5. After going through the averments taken

                      in the writ petition and the counter affidavit, we are of the view

                      that no public interest is involved. The present public interest

                      litigation is misconceived.

                                      3. However, the petitioner is at liberty to challenge

                      the selection of respondent No. 7 by filing appropriate writ

                      petition. Accordingly, this writ petition is disposed of giving

                      liberty to the petitioner to seek appropriate remedy in

                      accordance with law.




                                           (Sangam Kumar Sahoo, CJ)


                                                  ( Harish Kumar, J)
Anjani/-
AFR/NAFR                N/A
CAV DATE                N/A
Uploading Date           18.02.2026
Transmission Date       N/A

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