Patna High Court

Dr. Chinmay PrakashversusThe State of Bihar

Decided: 10 February 2026
Disposal: DISPOSED
Bench: HARISH KUMAR

Holding

The writ petition is dismissed and disposed of as the Court finds no ground to entertain it while the grievance remains pending before the administrative authority.

Summary

Dr. Chinmay Prakash filed earlier writ petitions which were withdrawn with liberty to approach the concerned authority. He subsequently filed the present petition seeking strict implementation of Section 34 of the Rights of Persons with Disabilities Act, 2016, relying on a representation made to the Chief Secretary of Bihar, which remained unanswered. The Court examined whether it could entertain a writ for a grievance that is pending before an administrative authority. Finding no justification to intervene, the Court declined to entertain the writ and directed the petitioner to await the pending decision of the Chief Secretary. Consequently, the petition was disposed of without any order directing the respondents to act.

Issues considered

Whether the High Court can entertain a writ petition for enforcement of Section 34 of the Rights of Persons with Disabilities Act when the grievance is pending before the Chief Secretary.
Whether the petitioner is entitled to a writ remedy in the absence of any administrative action on his representation.

Legislation cited

Rights of Persons with Disabilities Act, 2016 — s. 34

Subjects

Rights of Persons with Disabilities Act
Section 34
writ petition
administrative grievance
high court
disability rights
government order

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2228 of 2026
     ======================================================
     Dr. Chinmay Prakash S/o Shri Anil Prakash, Resident of Mohalla- Jai Prabha
     Nagar, Majhaulia Road, P.S- Kaji Mohammadpur, District- Muzaffarpur.
                                                                ... ... Petitioner/s
                                        Versus
1.    The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2.   Additional Chief Secretary, Education Department, New Secretariat, Patna.
3.   The Director, Higher Education, Education Department, New Secretariat,
     Patna.
4.   The Additional Chief Secretary, General Administration Department, Patna,
     Bihar.
5.   Joint Secretary, General Administration Department, Patna, Bihar.
6.   Bihar State University Service Commission, through Chairman, 8th Floor,
     Bihar School Examination Board, Academic Bhawan, Budh Marg, Patna.
7.   Secretary, Bihar State University Service Commission, Budh Marg, Patna.
8.    Joint Secretary cum-Examination Controller, Bihar State University Service
      Commission, Budh Marg, Patna.
                                                              ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Anurag Saurav, Advocate
                                    Mr. Priyajeet Pandey, Advocate
     For the Respondent/s   :       Mr. Sarvesh Kumar, GP- 24
     For the Commission     :       Mr. Priyadarshi Matri Sharan, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 10-02-2026

                       Heard learned Advocate for the respective parties.

                       2. At the outset, learned Advocate for the petitioner

      submits that earlier the petitioner had approached this Court by

      filing C.W.J.C. NO. 15856 of 2024, which finally came to be

      withdrawn on 24.10.2024 with a liberty to raise grievance

      before the authority concerned. Subsequent thereto, the

      petitioner also filed another writ petition, bearing C.W.J.C. No.

      3999 of 2025, which was also dismissed as withdrawn vide

      order dated 18.03.2025 with a liberty to the petitioner to move
             Patna High Court CWJC No.2228 of 2026 dt.10-02-2026
                                                        2/2




                      before the appropriate authority.

                                      3. It is the contention of the petitioner that for

                      redressal of the grievance, especially for strict implementation

                      of Section 34 of the Right of Persons with Disabilities Act, 2016

                      read with Notification no. 962 dated 22.01.2021, the petitioner

                      has filed a detailed representation before the Chief Secretary,

                      Government of Bihar, the copy of which is marked as

                      Annexure-P/13 to the writ petition, but no decision or action has

                      been taken. Hence the present writ petition.

                                      4. Considering the nature of grievance of the

                      petitioner, this Court does not find any reason or occasion to

                      entertain the writ petition. However, since the petitioner has

                      already filed a detailed representation before the Chief

                      Secretary, Government of Bihar and the same is pending

                      consideration, it is expected that the Chief Secretary,

                      Government of Bihar shall look into the matter and take

                      appropriate decision in this regard.

                                      5. The writ petition stands disposed of.


                                                  (Harish Kumar, J)
uday/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.02.2026
Transmission Date       NA

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