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Patna High Court

Dudhanath Prasad @ Dudhanath BhagatversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                             2/4




                                       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
                                              3/4




                                       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
             Patna High Court CWJC No.2137 of 2022(3) dt.06-01-2026
                                                         4/4




                       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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