Patna High Court
Dudhanath Prasad @ Dudhanath BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The High Court dismissed the writ petition, granting the petitioners liberty to institute fresh proceedings if the Supreme Court later decides in their favor.
Summary
The petitioners, Dudhanath Prasad and Anila Devi, filed a writ petition in the Patna High Court seeking a mandamus directing the State of Bihar to appoint them to vacant Class III and IV posts in various departments, invoking the same absorption policy applied to non‑formal education supervisors. They relied on earlier High Court orders (C.W.J.C. No. 8418/10, L.P.C. No. 1489/11) and a pending Supreme Court decision that conditioned any absorption on compliance with those orders. The State argued that the Supreme Court had already set a precedent and that the petitioners had not approached the Court before the stipulated deadline of 26‑02‑2016. The Court granted permission to the petitioners to withdraw the writ and disposed of the petition, leaving them free to file fresh proceedings if the Supreme Court later rules in favor of similarly situated persons. Consequently, the petition was dismissed without prejudice, and no substantive order on absorption was made.
Issues considered
- What relief, if any, is appropriate in a writ petition seeking mandamus for appointment to vacant posts under a specific absorption policy?
- Whether the petitioners' failure to approach the Supreme Court before the deadline bars the High Court from entertaining the writ?
- Whether the High Court can dismiss the petition with liberty to sue later based on pending Supreme Court jurisprudence?
Subjects
- writ petition
- mandamus
- absorption policy
- non‑formal education
- appointment to vacant posts
- Supreme Court condition precedent
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2137 of 2022
======================================================
1. Dudhanath Prasad @ Dudhanath Bhagat S/o Ramlal Bhagat, Resident of
Village - Raghunathpur, P.O. - Rudalpur, P.S. - Bhore, Distt. - Gopalganj.
2. Anila Devi, W/o Ramdayal Kushwaha, Resident of Village - Harpur
Ramnagar, P.O. - Musahri Bazar, P.S. - Bijaipur, Distt. - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna.
2. The Principal Secretary, Dept. of Human Resources Development, Govt. of
Bihar, New Secretariat, Patna.
3. The Principal Secretary Dept. of Personal and Administrative Reforms now
known as Deptt. of General Administration, Govt. of Bihar, Old Secretariat,
Patna.
4. The Director, Primary Education, Dept. of Human Resources Development,
Govt. of Bihar, New Secretariat, Patna.
5. The Director Mass Education (Jan Shiksha) Dept. of Human Resources
Development, Govt. of Bihar, New Secretariat, Patna.
6. The District Magistrate, Gopalganj.
7. The District Education Officer, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devanand Tiwari, Advocate
For the State : Mr. Ram Vinod Pd Singh, (AC to GA-12)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance an appropriate writ/s
in the nature of mandamus
directing/commanding the respondents
particularly respondent No. 2 to make
Patna High Court CWJC No.2137 of 2022(3) dt.06-01-2026
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absorption/appointment of the
petitioners on the post of class III and
class -IV against vacant/ sanctioned
post in the different department in the
state by adopting same policy as had
been taken for absorbing the services of
the Supervisors working under the Non-
formal Education (live the writ
petitioners) and to absorb them in
regular Govt. service as per their
qualification after relaxation of age of
the petitioners because the petitioners
are instructions under the Govt. of India
Scheme in 1981-82 for giving Non
formal Education to the children of 6 to
14 years at different centers in the state.
II. For further issuance of an
appropriate writ in the light of the order
dated 21.4.11 passed by this Hon'ble
court in C.W.J.C. No. 8418/10 in ( Sheo
Bhajan Diwakar and other Vs. The State
of Bihar & ors.) as contained in
Annexure- 1 to this writ application by
which a specific direction has been
given to absorption of the instruction of
Non formal Education programme
against the sectioned/vacant post of
class - IV post in the different
department in the state within stipulated
time as fixed in the said order.
Patna High Court CWJC No.2137 of 2022(3) dt.06-01-2026
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III. For further directing the
respondents to comply the order dated
11.8.15 passed by division bench of the
Hon'ble High court in L.P.C. No.
1489/11 (the state of Bihar & ors.
Versus Sheo Bhajan Pd. Diwakar
others) as contained in Annexure -3 in
which specific direction has also been
given to absorption of the instructors of
Non formal Education Programme
against the sectioned post of class - IV
post.
IV. For disposal of the present writ
petition in term of the order dated
11.8.15 passed in L.P.A. No. 1489/11
(the state of Bihar & ors. Vs. Sheo
Bhajan Pd. Diwakar & ors.) and also
M.J.C. No. 809/12 because matter is
similarly effected the petitioners. Which
is pending before this Hon'ble High
Court.
V. For any other relief/s for which the
petitioners are entitled to in the fact and
circumstances of the case and also in
accordance with law.”
3. Learned counsel for the petitioners submit that this
matter has already been decided upto the Hon’ble Supreme
Court of India and the petitioners have not moved before this
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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 is still
pending before the Hon’ble Supreme Court of India and as such,
he submits that the present writ petition may be disposed off
with liberty that in case the matter decides in favour of those
persons similarly situated as like that of petitioners before
Hon’ble Supreme Court of India, then he may sue.
4. Permission is granted.
5. Accordingly, the present writ petition stands
disposed off with aforesaid liberty.
(Dr. Anshuman, J)
Divyansh/-
U
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