Patna High Court
Ruby Kumari @ Dr. Ruby KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner may be permitted to file a fresh writ petition challenging the rejection of her representation.
Summary
Dr. Ruby Kumari, a medical faculty member, filed a writ petition seeking seniority, promotion and related benefits as an Assistant Professor, contending that the Health Department’s memo dated 14‑04‑2020 should be applied to her. She also requested a writ of mandamus directing the respondents to consider her seniority from the date of the notification and to treat her service length on par with other appointees under the same advertisement. While the petition was pending, a representation filed by her was rejected by the Principal Secretary, Health Department, prompting her counsel to seek liberty to challenge that rejection. The State had no objection to granting such liberty. The Court examined the procedural posture and noted that no private respondent’s rights were affected by the rejection order. Accordingly, the Court disposed of the writ petition, granting the petitioner liberty to file a fresh writ petition against the rejection order and any other relief.
Issues considered
- Whether the petitioner is entitled to seniority, consequential benefits and promotion as per the memo dated 14‑04‑2020 issued by the Health Department
- Whether the petitioner should be granted liberty to file a fresh writ petition challenging the rejection of her representation
Subjects
- seniority
- promotion
- assistant professor
- writ of mandamus
- representation rejection
- liberty to file fresh petition
- health department
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3618 of 2026
======================================================
Ruby Kumari @ Dr. Ruby Kumari W/o. Shri Siddharth Bharti, Residing at
Near I.D.B.I. Bank, College Road, Kaura Maidan, P.O. Sadar Munger, P.S.
Kasim Bazar, District- Munger, Bihar-811201
... ... Petitioner/s
Versus
1. The State of Bihar Rep. Thr. The Additional Chief Secretary, Department of
Health, Govt. of Bihar, Patna;
2. The Principle Secretary, General Administration, Govt. of Bihar, Patna;
3. The Principle Secretary, Department of Health, Government of Bihar, Patna
4. The Under Secretary, Department of Health, Govt. of Bihar, Patna.
5. The Special Secretary, Department of Health, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Bihari, Advocate
For the Respondent/s : Mr. Rajeshwar Singh, GA-10
Mr. Pramendra Kumar Singh, AC to GA-10
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 17-03-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed with the
following reliefs:
“(i). To issue a writ of Mandamus or any
other appropriate writ/order/direction
commanding and directing the respondents to
consider the seniority of the Petitioner on the post
of Assistant Professor from the date of issuance of
notification issued by Respondent no.-4 vide memo
no.- 416 (17) dated 14-04-2020 by which various
candidates were recommended for appointment as
Patna High Court CWJC No.3618 of 2026 dt.17-03-2026
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Probationary Assistant Professor in Level-11
(67,700-1,64,800) of the revised pay scale (with
subsistence allowance and other allowances
approved by the State Government from time to
time) and were posted in the various Medical
Colleges in Gynecology and Obstetrics in the light
of Advertisement No.-20/2017 issued by BPSC
from the date of assuming charge.
(ii) To grant seniority with all
consequential benefits as are being given to
Assistant Professors who were appointed vide
memo no.- 416 (17) dated 14-04-2020 issued by
Respondent no.-4.
(iii) To treat the length of services of this
Petitioner at par with the length of services of
other Assistant Professors who were appointed
vide memo no. 416 (17) dated 14-04-2020 issued
by Respondent no.-4 as they are also appointee
under the same Advertisement No.-20/2017 issued
by BPSC.
(iv) To promote the Petitioner as
Associate Professor with all monetary and
consequential benefits as has been done to
Assistant Professors who were appointed vide
memo no.-416 (17) dated 14-04-2020 issued by
Health Department, Govt. of Bihar, Patna.
(v) Any other relief or reliefs which the
petitioner may be found entitled to in the facts and
circumstances of the present case.”
3. Learned Counsel for the petitioner submits that at
Patna High Court CWJC No.3618 of 2026 dt.17-03-2026
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the time of filing of the present writ petition, representation was
pending before respondent No.3, the Principal Secretary, Health
Department, Government of Bihar,Patna, vide Annexure-P/8
but he submits that he has received information from his client
that the respondent authority has taken decision on Annexure-
P/8 and rejected the representation of the petitioner. It is due to
this reason, he submits that writ petition may be disposed off
granting liberty to the petitioner to challenge the rejection order
of the representation.
4. Learned Counsel for the State has no objection for
the same.
5. In the light of the submissions made, let the writ
petition be disposed off granting liberty to the petitioner to file
fresh writ petition against rejection order as well as any other
relief which has been so advised by his Counsel.
6. It transpires to this Court that there is no private
respondent added in this writ petition whose right is going to be
effected by the rejection order.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.03.2026
Transmission Date
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