Patna High Court
Mukesh MukulversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The writ petition is dismissed, adhering to the judgment and order dated 27‑10‑2016 in L.P.A. No. 679 of 2016 and its analogues.
Summary
The petitioners, five peons of the Subordinate Court, Siwan, filed a writ petition seeking to quash the declaration that their promotion forms were "invalid" and to obtain directions for their consideration for the post of Upper Division Clerk (Grade‑III) through the centralized examination. They requested mandamus, reservation of seats, issuance of admit cards and all consequential benefits. The respondents relied on the Division Bench judgment in L.P.A. No. 679 of 2016, which dismissed similar appeals, and on the Supreme Court’s rejection of the related Special Leave petitions (SLP (C) No. 18167 of 2017). The petitioner’s counsel did not contest the applicability of that precedent. The High Court, after noting the binding nature of the earlier judgment and the Supreme Court’s decision, dismissed the writ petition in accordance with the directions of the 27‑10‑2016 judgment.
Issues considered
- Whether the declaration of the petitioners' promotion forms as invalid is arbitrary and violative of natural justice.
- Whether the petitioners are entitled to mandamus directing the respondents to consider them for the Upper Division Clerk (Grade‑III) post.
- Whether the precedent set by L.P.A. No. 679 of 2016 is binding and compels dismissal of the present writ petition.
- Whether the Supreme Court’s rejection of SLP (C) No. 18167 of 2017 precludes any relief in the present case.
Subjects
- promotion
- civil service
- writ petition
- mandamus
- appointment
- Bihar
- Upper Division Clerk
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2983 of 2026
======================================================
1. Mukesh Mukul S/o Surendra Prasad Verma, R/o Road No. 5, In front of
Prabhat Tara Balika Vidyalaya, Bhagwnapur, P.S.- Bhagwnapur, Dist-
Muzaffarpur, (Peon, Subordinate Court, Siwan).
2. Bhola Kumar Singh, Son of Vijay Narayan Pratap Singh, Resident6 of Villo-
Hansrajpur, P.S.- Ekma Dist- Saran. (Peon, Subordinate Court, Siwan).
3. Md. Zainul Haque Ansari, S/o Md. Ainul Haque Ansari, Resident of Vill-
Madhopur Tole Narayan Chak P.S.- Marhaura, Dist- Saran (Peon,
Subordinate Court, Siwan).
4. Birendra Kumar, Son of Rajdeo Prasad, Resident of Khagaul, P.S.- Khagoul,
Dist- Patna (Peon, Subordinate Court, Siwan).
5. Basant Kumar Singh, Son of Late Ramchandra Singh, Resident of Village-
Narendrapur, P.S.- Aandar Dist- Siwan (Peon, Subordinate Court, Siwan).
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department, New Secretariat, Patna.
2. The Additional Chief Secretary, General Administration Department, Old
Secretariat, Patna.
3. The Director (Primary Education), Education Department, New Secretariat,
Patna.
4. The Deputy Director (Establishment), Directorate of Primary Education,
New Secretariat, Patna.
5. The Registrar General, Patna High Court.
6. The Conveyor cum Principal District and Sessions Judge, Patna on its
Administrative Side.
7. The Registrar, Civil Court, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
: Ms. Kumari Anupam, Advocate
For the Respondent/s : Mr. Suman Kumar Jha, AC to AAG-3
: Mr. Piyush Lal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-04-2026 Heard the parties.
2. The present writ petition has been filed for the
following reliefs:-
Patna High Court CWJC No.2983 of 2026(2) dt.21-04-2026
2/4
“(i) For issuance of appropriate writ/s,
order/s, direction/s for quashing the
arbitrary declaration of the
petitioner'spromotion forms as "invalid"
and for a direction to permit the
petitioners to participate further in the
promotion process to the post of Upper
Division Clerk (Grade-III) pursuant to
the centralized examination.
(ii) For issuance of writ/s, order/s,
direction/s, in the nature of
MANDAMUS commanding these
respondents to consider these petitioners
on post of Upper Division Clerk (Grade-
III) after promoting them according to
law.
(iii) For further reserve seats for these
petitioners, during the pendency of the
present writ, for Upper Division Clerk
(Grade-III) post.
(iv) For further Quash the action/list
whereby the petitioners' promotion
forms have been declared "invalid";
(v) For further direct the respondents to
treat the petitioners' applications as
valid and issue admit cards to them;
(vi) For further Permit the petitioners to
participate in the promotion
examination for appointment to the post
of Upper Division Clerk (Grade-III);
(vii) For further Grant all consequential
benefits, subjec to the result of the
promotion process;”
Patna High Court CWJC No.2983 of 2026(2) dt.21-04-2026
3/4
3. At the outset, the learned counsel appearing on
behalf of the respondent nos. 5 to 7 submits that the present case
is fit to be dismissed in view of the judicial pronouncement of
the Hon’ble Division Bench of this Court vide judgment and
order dated 27.10.2016 passed in L.P.A. No. 679 of 2016 and its
analogues case, whereby the Hon’ble Division Bench of this
Court after considering different pronouncements and the
Circular of the State Government dated 07.05.2012 and
08.02.2016, proceeded to dismiss the appeals preferred by the
appellants. He further submits that against the judgment and
order dated 27.10.2016 passed in L.P.A. No. 679 of 2016 and its
analogues case, the aggrieved appellants preferred appeal before
the Hon’ble Supreme Court of India vide Special Leave to
Appeal (C) No. 18167 of 2017 and its analogues cases. The
Hon’ble Supreme Court of India vide judgment dated
21.10.2019 was pleased to reject the special leave petitions.
4. The learned counsel for the petitioner does not
dispute the said contention advanced by the learned counsel
appearing on behalf of the respondent nos. 5 to 7.
5. Accordingly, the present writ petition is dismissed
exactly in terms of the directions contained in paragraph nos. 16
& 17 of the judgment and order dated 27.10.2016 passed in LPA
Patna High Court CWJC No.2983 of 2026(2) dt.21-04-2026
4/4
No. 679 of 2016 and its analogues case, which relates to
appointment in the Civil Courts in the State of Bihar.
(Ritesh Kumar, J)
AjayMishra/-
U
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