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Patna High Court

Leela KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is premature and not maintainable; the petitioner must first file a representation before the Sub‑Divisional Officer.

Summary

Leela Kumari, a 50% disabled candidate who secured the first position in the merit list for the Vikas Mitra post, filed a writ petition seeking a mandamus directing the authorities to appoint her. She claimed to have submitted a representation to the Block Development Officer, which remained unanswered. The State contended that the petition was not maintainable because the representation was not filed by her before the proper authority, the Sub‑Divisional Officer, as required by law. The Court examined the procedural requirements and found that the petitioner had indeed not filed the representation before the correct officer. Consequently, the Court held the writ petition premature and dismissed it, granting the petitioner liberty to file the appropriate representation within 30 days.

Issues considered

  • Whether a writ of mandamus can be issued when the petitioner has not filed a representation before the designated authority as mandated by the Vikash Mitra Chayan Margdarshika.

Subjects

  • writ of mandamus
  • public employment
  • disabled persons reservation
  • procedural requirement
  • premature petition
  • administrative law
  • Vikas Mitra selection

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3203 of 2026
                 ======================================================
                 Leela Kumari D/o Sukan Ram, Resident of Village- Laukaha, P.S.- Khutauna
                 District- Madhubani.

                                                                               ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Principal Secretary, Department of
                 Education, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Education, Government of Bihar,
                 Patna.
           3.    The District Magistrate, Madhubani.
           4.    The District Education Officer, Madhubani.
           5.    The Block Development Officer, Hutauna, Madhubani.
           6.    The Sub-Divisional Officer, Phulprash, District- Madhubani.
           7.    The Block Education Officer, Khutauna.
           8.    Domani Kumari, D/o Milai Sada, Resident of Village- Bramutra, P.S.-
                 Lokaha, District- Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Prafull Chandra Thakur, Advocate
                 For the Respondent/s   :        Mr. Government Pleader (05)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   10-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for the

                   following reliefs:-

                                                      (i) That this writ application is
                                            being filed for issuance of a writ preferably
                                            in the nature of mandamus commanding and
                                            directing the Respondent concerned to select
                                            the petitioner on the post of Vikas Mitra
                                            whereby and whereunder authority was
Patna High Court CWJC No.3203 of 2026(2) dt.10-03-2026
                                            2/3




                                  published for Niyojan of Vikas Mitra and the
                                  petitioner possess First position of merit list
                                  and 50% disable person.
                                               (ii) And /Or any other relief or
                                  reliefs, for which petitioner is found entitled
                                  to in the facts and circumstances of this
                                  case.


                      3. Learned counsel for the petitioner submits that the

          petitioner has filed a representation before the Block

          Development Officer, which is annexed as Annexure P/3. He

          further submits that for redressal of his grievance he has filed

          the said representation before the Block Development Officer,

          but no decision has been taken by the Block Development

          Officer.

                      4. Learned counsel for the State, on the other hand,

          submits that the petitioner has filed the writ petition for issuance

          of a writ of mandamus, but he is seeking issuance of mandamus

          on the representation of other persons and not on his own

          representation, therefore, he submits that the present writ

          petition is not maintainable.

                      5. After hearing the parties and upon perusal of the

          record, it transpires to this Court that there is substance in the

          contention raised by the learned counsel for the State. It is true
         Patna High Court CWJC No.3203 of 2026(2) dt.10-03-2026
                                                     3/3




                   that the representation has not been filed by the petitioner and,

                   according to law, the representation has to be filed before the

                   Sub-Divisional        Officer,     Phulprash,   District-   Madhubani

                   (respondent No. 6).

                               6. In this view of the matter, the present writ petition

                   is premature and is accordingly disposed of granting liberty to

                   the petitioner to file a representation within 30 days before the

                   respondent No. 6 in light of the Vikash Mitra Chayan

                   Margdarshika.



                                                                   (Dr. Anshuman, J.)
Aman Kumar/-

U


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