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Patna High Court

Harendra KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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
                                                        3/3




                      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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