Patna High Court
Harendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The memo dated 5‑March‑2014 has been set aside and its validity rejected by the Supreme Court, leaving the petition without merit and resulting in dismissal.
Summary
Harendra Kumar petitioned the Patna High Court for a writ of certiorari to quash the District Magistrate’s order rejecting his appointment as Chowkidar after his father’s superannuation, and also sought a mandamus directing his appointment under the State Government’s rules. He relied on a Government of Bihar memo dated 5‑March‑2014 which purported to provide for such appointments. The respondents contended that the same memo had been declared violative of Articles 14 and 16 of the Constitution in Devmuni Paswan v. State of Bihar, a decision later upheld by the Supreme Court. The Court noted that the memo had been set aside and its validity rejected by the higher judiciary. Consequently, the petitioner had no substantive ground to challenge the District Magistrate’s decision. The application was therefore dismissed.
Issues considered
- Whether the Government of Bihar memo dated 5‑March‑2014 can be invoked to appoint the petitioner as Chowkidar.
- Whether the District Magistrate’s rejection of the petitioner's appointment can be quashed by a writ of certiorari.
- Whether the petitioner is entitled to preferential appointment on the basis of his graduate degree under the State rules.
Subjects
- appointment
- Chowkidar
- writ of certiorari
- mandamus
- Articles 14 and 16
- government memo
- Supreme Court judgment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1915 of 2022
======================================================
Harendra Kumar Son of Ram Kishun Bind, Resident of Village - Daharak,
P.S. Ramgarh, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Govt.
of Bihar, Patna.
2. The Principal Secretary, Home Department, Govt. of Bihar, Patna.
3. The Additional Secretary, Home Department, Govt. of Bihar, Patna.
4. The District Magistrate - cum- Appointing Authority of Chowkidar, Kaimur
at Bhabhua.
5. The Superintendent of Police, Kaimur at Bhabhua.
6. The Sub- Divisional Officer, Mohania, Kaimur at Bhabhua.
7. The Circle Officer, Ramgarh, Kaimur at Bhabhua.
8. The S.H.O., Ramgarh, District- Kaimur (Bhabhua).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Respondent/s : Mr. Manish Kumar, G.P.-4
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 24-03-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief(s):
“I. To issue writ/writs, order/orders,
direction/directions including a writ in the nature of
certiorari for quashing the Memo No. XIX-03-
2021/1213/ Dated 23.10.2021 issued by the District
Magistrate-cum-Appointing Authority of Chowkidar,
Kaimur, Bhabhua, by which the father of the petitioner
namely Ram Kishun Bind was Chowkidar, who has
superannuated 31.12.2015 and he has submitted the
representation on dated 30.11.2015 before the District
Patna High Court CWJC No.1915 of 2022(3) dt.24-03-2026
2/3
Magistrate, Kaimur for appointment his son
(Petitioner) as Chowkidar in place of me in Ramgarh
Police Station as per rule issued by the State
Government, but the District Magistrate has been
rejected the same.
II. To issue writ in the nature of mandamus
directing the Respondents to makes appointment of the
petitioner as Chowkidar in place of his father in
Ramgarh Police Station as per rules issued by the State
Government, besides that the petitioner has got
Graduate Degree Honours in Sociology under Veer
Kunwar Singh University, Ara, Bihar, for which
preference has to be given by the State Government,
who made an application before the District
Magistrate, Kaimur on dated 30.11.2015 alongwith
affdavited copy through his father.
III. To issue any other appropriate writ or
writs as this Hon’ble Court may deem fit and proper in
the present matter.”
3. It is submitted by learned counsel for the
respondents that while making out his case for grant of relief as
prayed in the instant application, learned counsel for the
petitioner has placed reliance on the memo dated 5.3.2014 of the
Government of Bihar. The said memo dated 5.3.2014 was the
subject matter of the writ application in the case of Devmuni
Paswan vs. The State of Bihar & Ors; 2023(2) PLJR 425
wherein a Division Bench of this Court holding the same to be
violative of Articles 14 and 16 of the Constitution, set aside the
Patna High Court CWJC No.1915 of 2022(3) dt.24-03-2026
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same. Learned counsel further submits that the judgment dated
25.2.2023 passed in LPA no.508 of 2022 (Devmuni Paswan vs.
The State of Bihar & Ors) was challenged by Bihar Rajya
Dafadar Chaukidar Panchayat (Magadh Division) in the
Hon’ble Supreme Court vide SLA(C) no.18983 of 2023 and the
Hon’ble Supreme Court vide its order dated 19.3.2025 was
pleased to dismiss the same.
4. In view of the above, in the opinion of the Court,
the memo dated 5.3.2014 having been set aside and challenge
thereto have been upheld upto the Hon’ble Supreme Court, the
petitioner has no case on merits.
5. The application is dismissed.
(Partha Sarthy, J)
Saurabh/-
U
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