Patna High Court

Chandan KumarversusThe Sate of Bihar

Decided: 19 January 2026
Disposal: DISMISSED
Bench: PARTHA SARTHY

Holding

The Court held that it cannot issue a direction to the State Government to appoint candidates to the 39 Junior Engineer posts and dismissed the writ petition.

Summary

Seven petitioners filed a writ petition seeking a court direction to the Bihar government to invite applications and appoint 39 Junior Engineer posts under the Directorate of Land Conservation, Agriculture Department. The petitioners argued that the vacancies should be filled and that the government’s inaction violated their rights. The High Court, after hearing counsel, held that it lacks the authority to issue such a directive, relying on Supreme Court precedents that limit judicial interference in administrative appointments. Consequently, the court found no merit in the writ and dismissed the petition. The decision underscores the principle that courts cannot compel the executive to make specific appointments.

Issues considered

Whether a High Court can issue a direction to the State Government to invite applications and appoint candidates to specific posts under a departmental directorate.
Whether the petitioners have a right enforceable by a writ to compel the government to fill the vacancies.

Subjects

appointment
public service
writ jurisdiction
administrative law
judicial review
separation of powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20107 of 2025
                 ======================================================
           1.     Chandan Kumar Son of Sri Shatrudhan Prasad, Resident of village- Alopur,
                  P.S.- Gurua, Distt. - Gaya Jee (Bihar).
           2.    Bharat Kumar, Son of Sri Ganauri Ravidas, Resident of Village- Akaunadih,
                 P.S.- Akauna, Distt. - Nawada (Bihar).
           3.    Rajesh Sharma, Son of Sri Kedar Mistri, Resident of village- Baltharwa,
                 P.S.- Barke Bazar, Distt.- Gaya Jee (Bihar).
           4.    Shivam Kumar, Son of Sri Harendra Mahto, Resident of Village- Chhrra
                 Patti, P.S. -Kishanganj, Distt. - Madhepura (Bihar).
           5.    Aditya Kumar, Son of Sri Mantoo Mandal, Resident of Shyamal Das Lane,
                 P.S.- Jagdishpur, Distt. - Bhagalpur (Bihar).
           6.    Attul Kumar, Son of Sri Ramesh Kumar, Resident of Village- Sabuni, P.S.-
                 Ramnagar, Distt.- West Champaran (Bettiah) (Bihar).
           7.    Dilraj Kumar, Son of Sri Manoj Kumar, Resident of Village- Kewal, P.S.-
                 Gidhaur, Distt.- Jamui (Bihar).

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The Sate of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Agriculture Department, Govt. of Bihar, Patna.
           3.    The Director, Directorate of Land Conservation Department of Agriculture,
                 Govt. of Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :        Mr. Ranjeet Tiwary, Advocate
                                                      Mr. Jitendra Kumar Pandey, Advocate
                 For the Respondent/s        :        Mr. Standing Counsel (16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioners and learned

                   counsel for the respondents.

                                 2. The petitioners have filed the instant application for

                   the following relief(s) :-

                                        “1. (i) For direction be issued to the respondents
                                        to   invite   application    amongst     the   suitable
         Patna High Court CWJC No.20107 of 2025(2) dt.19-01-2026
                                                    2/2




                                    candidates and make selection/appointment on 39
                                    posts of Junior Engineer under Directorate of
                                    Land Conservation in Agriculture Department,
                                    Govt. of Bihar, Patna.
                                    (ii) For any other relief/reliefs as your Lordships
                                    may deem fit and proper in the facts and
                                    circumstances of the case.”


                               3. Having heard learned counsel for the parties, in the

                   opinion of the Court, no such direction as prayed for by the

                   petitioner can be issued by the Court in view of the judgments

                   of the Hon’ble Supreme Court in the case of State of Haryana

                   vs. Subash Chander Marwaha & Ors.; (1974) 3 SCC 220 and

                   in the case of Shankarsan Dash vs. Union of India; (1991) 3

                   SCC 47.

                               4. The Court finds no merit in the instant writ

                   application and the same is dismissed.



                                              (Partha Sarthy, J)
Shiv/-

U

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