Patna High Court
Leela KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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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