Patna High Court
Amarjeet RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court held that the petitioners must first file a fresh representation before the Directorate, and the writ petition cannot be entertained until that step is taken.
Summary
A group of twenty‑one contract employees of Braj Kishore Narayan Singh Government Polytechnic, Gopalganj, filed a writ petition seeking a mandamus directing the State of Bihar and its education department to regularise their services and grant them pay and benefits equivalent to regular staff. The petitioners alleged that they had been selected and appointed after roster clearance but were not absorbed despite representations made to the Secretary, Department of Science, Technology and Technical Education in 2023. The State argued that the petitioners had already approached the competent authorities and that the matter should be decided there. The Court examined the submissions and observed that the petitioners had not exhausted the administrative remedy of filing a fresh representation before the Directorate. Consequently, the Court disposed of the writ petition, directing the petitioners to file a fresh representation within two weeks and stating that any such representation would be decided within four weeks. The order thus does not grant the relief sought but leaves the matter for administrative consideration.
Issues considered
- Whether the petitioners are entitled to a writ of mandamus directing their regularisation in the absence of a fresh representation before the concerned authorities.
Subjects
- regularisation
- contract employees
- mandamus
- public service
- administrative remedy
- Bihar
- government polytechnic
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3101 of 2025
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1. Amarjeet Ram Son of Laljee Ram, Resident of village and P.O.-
Kushoundhi, P.S.-Mirgang, District- Gopalganj, At present working as
workshop Instructor, Braj Kishor Narayan Singh Government Polytechnic,
Gopalganj.
2. Pramod Kumar Son of Amarjeet Ram, Resident of village- Amaithi Kala,
P.O.- V.S. Mills Gopalganj, P.S.- Thawe, District- Gopalganj, At present
working as Guest Technical Assistant/ Mechanical Engineer B.K.N.S. GP,
Gopalganj.
3. Krishna Kumar Son of Bali Sugriw Prasad, Resident of village- Nai Basti
Shiwaji Nagar, Fatepur, District- Siwan, at present residing at Mantegrani,
P.O.- Maharani, P.S.-Mohammadpur, District-Gopalganj, At present working
as Lab Assistant (Civil Eng.), Braj Kishor Narayan Singh GP Gopalganj.
4. Chandan Kumar Son of Ashok Singh, Resident of village- Ganjpar, P.O.-
Nawtan, P.S- Ekma, District- Saran, at present residing at Mantengrani, P.O.-
Manharani, P.S.-Mohammadpur, District- Gopalganj, At present working as
Workshop instructor, Braj Kishor Narayan Singh Govt. Polytechnic College,
Gopalganj.
5. Manish Kumar Singh Son of Kameshwar Singh, Resident of village and
P.O.- Maharani, P.S.- Mohammadpur, District- Gopalganj, At present
working as Technical Assistant (Electrical Engineer), Braj Kishor Narayan
Singh Govt. Polytechnic College, Gopalganj.
6. Kishan Kumar Son of Rajesh Kumar, Resident of village- Nakchhed Tola,
Jamla Road, Ward No.16, P.O. and P.S.-Motihari, District- East Champaran,
at present residing at Mantengrahi, P.O.-Maharani, P.S.-Mohammadpur,
District- Gopalganj, At present working as Lab Assistant (Electrical Eng.)
Braj Kishor Narayan Singh Government Polytechnic, Gopalganj.
7. Md. Firoz Alam Son of Md. Noor Alam Ansari, Resident of village and P.O.-
Nawada, P.S.-Barauli, District- Gopalganj, At present working as Technical
Assistant (Lab Assistant) Electronics Department, Braj Kishor Narayan
Singh Government Polytechnic, Gopalganj.
8. Ranjan Kumar Son of Lakshman Bhagat, Resident of village- Khalpura,
P.O.-Baghakol, P.S.-Maker, District- Saran, at present residing at
Mantengrahi, P.O.-Maharani, P.S.- Mohammadpur, District- Gopalganj, At
present working as Instructor Electrical Science and Technology, Braj
Kishor Narayan Singh Govt. Polytechnic, Gopalganj.
9. Manish Kumar Son of Narayan Pd. Yadav, Resident of village- Basant
Chapra, P.O.-Maharani, P.S.- Mohammadpur, District-Gopalganj, At present
working as Instructor L.L.R.M. Polytechnic Ajitwal Moga (Punjab).
10. Upendra Kumar Son of Kapil Dev Prasad Yadav, Resident of village-
Bansghat Masurdya, P.O.-Maharani, P.S.-Mohammadpur, District-
Gopalganj, At present working as Lab Assistant, B.K.N.S. Govt.
Polytechnic, Gopalganj.
11. Atul Kumar Saini Son of Vijay Kumar, Resident of village- Sawanahi Patti
Tola, Dhum Nagar, Bathua Bazar, Phulwaria, At present working as Lab
Assistant/Mechanical Engineer, West Champaran Govt. Polytechnic,
Bettiah.
Patna High Court CWJC No.3101 of 2025(2) dt.31-01-2026
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12. Saheb Hussain Ansari Son of Sahid Ansari, Resident of village-
Mohammadpur Patti, P.O.- Kaladumra via Mustafabad, P.S.G.B. Nagar
(Tarwara), District- Siwan, At present working as Instructor Mechanical
Engineer, B.K.N.S. Government Polytechnic, Gopalganj.
13. Sonu Alam Son of Md. Mustafa, Resident of village- Bansgath, Mansuriya,
P.O.-Maharani, P.S.-Mohammadpur, District-Gopalganj, At present working
as Workshop Instructor (Mechanical Eng.), Braj Kishor Narayan Singh
Govt. Polytechnic, Gopalganj.
14. Rajiv Ranjan Kumar Singh Son of Vijay Narayan Singh, Resident of village-
Patti Jasuli, P.O.-Jasauli Patti, District- East Champaran, At present working
as Workshop Instructor (Mechanical Eng.) Braj Kishor Narayan Singh Govt.
Polytechnic, Gopalganj.
15. Vivek Kumar Singh Son of Manoj Singh, Resident of village- Karasghat,
P.O.-Jhajhawa Bazar, P.S.- Mohammadpur, District- Gopalganj, At present
working as Workshop Instructor (Mechanical) Braj Kishor Narayan Singh
Govt. Polytechnic, Gopalganj.
16. Pramod Kumar Ram Son of Lalan Ram, Resident of village and P.O.-
Kusaundhi, P.S.-Mirganj, District- Gopalganj, At present working as
Workshop Instructor Government Polytechnic, West Champaran.
17. Ramesh Kumar Ram Son of Lal Babu Ram, Resident of village- Bansghat
Masuriya, P.O.-Maharani, P.S.- Mohammadpur, District- Gopalganj, At
present working as Workshop Instructor (Mechanical Eng.) Braj Kishor
Narayan Singh Govt. Polytechnic College, Gopalganj.
18. Ramesh Singh Son of Vishawnath Singh, Resident of village-
Ranisaraisawa, P.O.- Kusanndhi, P.S.- Mirganj, District- Gopalganj, At
present working as Instructor (Mechanical) Braj Kishor Naryan Singh Govt.
Polytechnic, Gopalganj.
19. Amarjit Kumar Singh Son of Birendra Singh, Resident of village-
Narayanpur, P.O. Shahpur, P.S.- Nautan, District- Siwan, At present working
as Instructor (Mechanical Engineer), Braj Kishor Narayan Singh Govt.
Polytechnic, Gopalganj.
20. Md. Saif Anwar Son of Md. Shamshad Anwar, Resident of village and P.O.-
Jhirwan, P.S.-Uchkagaon, District- Gopalganj, At present working as Lab
Assistant in Civil department, Braj Kishor Narayan Singh Govt. Polytechnic,
Gopalganj.
21. Deepak Kumar Thakur Son of Harendra Thakur, Resident of village and
P.O.- Ramchandrapur, District- Gopalganj. At present working as Lab
Assistant in Civil department, Braj Kishor Narayan Singh Govt. Polytechnic,
Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Science, Technology and Technical Education, Bisheshwaraiya Bhawan,
Bailey Road, Patna.
2. The Director, Directorate of Science, Technology and Technical Education,
Bisheshwaraiya Bhawan Bailey Road, Patna.
3. The Joint Secretary, Directorate of Science, Technology and Technical
Patna High Court CWJC No.3101 of 2025(2) dt.31-01-2026
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Education, Bisheshwaraiya Bhawan Bailey Road, Patna.
4. The Principal, Braj Kishore Narayan Singh, Government Polytechnic,
Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Subodh Kumar Jha, Adv.
Mr. Awadhesh Kumar Singh, Adv.
Mr. Pranav Kumar Jha, Adv.
For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13
Mr. Ravi Kumar, AC to AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 31-01-2026 Heard Mr. Subodh Kumar Jha, learned Advocate for
the petitioners and Mr. Ravi Kumar, learned Advocate for the
State.
2. The petitioners have approached this Court for the
following reliefs:-
“1. That this writ application
is being filed for issuance of an
appropriate writ/writs or order/orders in
the nature of mandamus for directing and
commanding the respondents to
absorb/regularize the service of the
petitioners on their respective post upon
which they are working after due
selection in accordance with law and
appointment made against the post after
roster clearance from the date of their
respective joining and further for a
direction upon the respondents to allow
the petitioners to continue on their
respective post, till their services is
absorbed in the State or till the
petitioners attain the age of
superannuation i.e. till 60 years and
further in case of absorption or otherwise
give them wattage on past services
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rendered by them for 5.1 in each year as
has been given to the contract employee
working in other department of the State
and as much as on the basis of a direction
issued by the Hon’ble Court in this regard
time to time. And further for any other
relief or reliefs for which the petitioner is
entitled in the facts and circumstances of
this case.”
3. Learned Advocate for the petitioners taking this
Court through the various averments made in the writ petition
has lastly submitted that for redressal of the grievance, the
petitioners have also approached the Secretary, Department of
Science, Technology and Technical Education, Bihar, Patna.
However, notwithstanding his representation filed way back in
the year 2023, till date, no proper action has been taken
compelling the petitioners to approach this Court.
4. Learned Advocate for the State submits at the bar
that since the petitioners have already filed a detailed
representation before the concerned authorities, who are
competent to look into the matter.
5. Considering the submissions advanced by the
learned Advocate for the parties and taking note of the
aforenoted facts, the writ petition stands disposed off with a
liberty to the petitioners to file a fresh representation before the
respondent nos. 2 and 3, preferably within a period of two
Patna High Court CWJC No.3101 of 2025(2) dt.31-01-2026
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weeks, from the date of receipt/production of a copy of this
order.
6. In case such a representation is filed, the same shall
be considered and disposed off, in accordance with law, within
a further period of four weeks.
(Harish Kumar, J)
shivank/-
U
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