Patna High Court
Nand Kishore PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The writ application is dismissed as the matter has been finally decided by the Supreme Court.
Summary
The petitioners, three civil court staff members, filed a writ petition seeking promotion from Class‑IV to Class‑III under the Bihar Civil Court Staff (Class‑III & Class‑IV) Rules, 2009, relying on their selection in 2013 and the equivalence of their Sahitya Alankar qualification to a graduation degree as recognized by government notifications of 2016 and 2017. They also claimed denial of promotion violated natural justice because no show‑cause notice was issued. The respondents contended that the petitioners had previously sought identical relief in CWJC No.4649 of 2014, LPA No.679 of 2016, and SLP (C) No.18339 of 2018, all of which were dismissed, the latter by the Supreme Court. The High Court examined the prior final judgments and found the matter already conclusively decided. Consequently, the Court held that there was no merit in the present application and dismissed the writ petition. The dismissal upheld the earlier determinations and left the promotion request denied.
Issues considered
- Whether the petitioners are entitled to promotion to Class‑III posts under the Bihar Civil Court Staff Rules, 2009.
- Whether the Sahitya Alankar qualification is a valid equivalent to a graduation degree for promotion purposes.
- Whether the respondents violated principles of natural justice by declining promotion without a show‑cause notice.
- Whether the High Court can grant relief notwithstanding prior dismissal of identical petitions by the same court and the Supreme Court.
Subjects
- Promotion
- Civil Service
- Natural Justice
- Mandamus
- Certiorari
- Qualification Equivalence
- Bihar Civil Court Staff Rules
- Writ Jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3514 of 2026
======================================================
1. Nand Kishore Prasad Son of Late Badri Narayan Prasad, Resident of
Mohalla- Madhopur (Panchu Mistri Gali), P.O.- Basudeopur, P.S.- Kotwali,
District Munger.
2. Md. Imtiyaz @ Md. Imtiyaj, Son of Md. Mumtaz, Resident of Mohalla
Hazrat Ganj, Khankah Gali No.- 10, P.O.- Munger, P.S.- Kasim Bazar,
District Munger.
3. Uday Chandra, Son of Late Nathuni Lal Das, Resident of Mohalla- Sri
Krishna Road, Near Kalibari Asthan, Lallu Pokhar, P.O.- Munger, P.S.-
Kasim Bazar, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Govt. of Bihar,
Patna.
3. The Registrar General, Patna High Court, Patna.
4. The Registrar (Administration), Patna High Court, Patna.
5. The District and Sessions Judge, Munger.
6. The In Charge Administration, Civil court, Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siya Ram Shahi, Advocate
Mr. Nafisuzzoha, Advocate
Ms. Shabina Talat, Advocate
For the State : Mr. Yogendra Pd. Sinha, AAG-7
For the Patna High Court: Mr. Piyush Lall, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the parties.
2. The petitioners have filed the instant application for
the following relief (s) :-
“1. I. Issue an appropriate writ, order or
direction, including a writ in the nature of
Mandamus, commanding the respondents to
reconsider and grant promotion to the
petitioners from Class-IV to Class-III posts,
strictly in accordance with the Bihar Civil
Court Staff (Class-III & Class-IV) Rules, 2009,
Patna High Court CWJC No.3514 of 2026(2) dt.17-03-2026
2/3
on the basis of their due selection in the
promotion process held on 05.05.2013, the
issue of equivalence and protection of the
qualification of Sahitya Alankar having already
been conclusively settled and decided by the
Government of Bihar vide notification issued
by General Administration Department by
Notification no.-5267 dated 08.04.2016 (ANX-
P/7) and notification no.-10878 dated
24.08.2017 (ΑNX-P/8) as well as the binding
orders/judgments of this Hon'ble Court, and to
grant such promotion with effect from the date
on which the petitioners' immediate juniors
were promoted, along with all consequential
service benefits including fixation of seniority,
pay, increments and other admissible monetary
benefits, together with arrears thereof.
II. Issue an appropriate writ, order or
direction, including a writ in the nature of
Certiorari, quashing and setting aside letter
dated 30.11.2013 and 06.12.2013 (ANX-P/2
series), whereby the promotion of the
petitioners from Class-IV to Class-III posts was
declined, the said orders having been passed
without issuance of any show-cause notice or
affording an opportunity of hearing, in
violation of the principles of natural justice.
III. Declare that the qualification of Sahitya
Alankar awarded by Hindi Vidyapeeth,
Deoghar, obtained by the petitioners prior to
07.05.2012, is a valid and protected
qualification equivalent to graduation for the
purpose of promotion to Class-III posts, and
that denial of promotion to the petitioners on
the said ground is unsustainable in law.
IV. Pass such other or further order(s) as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case, in the
interest of justice.”
Patna High Court CWJC No.3514 of 2026(2) dt.17-03-2026
3/3
3. At the outset, it is submitted by learned counsel for
the respondents that the petitioners moved this Court earlier for
identical relief vide CWJC no.4649 of 2014 (Nand Kishore
Prasad & Ors. vs. the Patna High Court & Ors.), which was
dismissed by judgment dated 22.2.2016. Further the petitioners
preferred L.P.A. no.679 of 2016, which was also dismissed by
judgment dated 27.10.2016. Further, in reference to the
statement made in paragraph no.15 of the petition, it is
submitted that S.L.P (C) no. 18339 of 2018 preferred by the
petitioners was also dismissed by the Hon’ble Supreme Court
on 21.10.2019.
4. In view of the facts and circumstances of the case,
the Court finds no merit in the instant writ application, the
matter having been concluded till the Hon’ble Supreme Court.
5. The application is dismissed.
(Partha Sarthy, J)
Shiv/-
U
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