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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The public interest litigation is dismissed as non‑maintainable because it concerns a service matter and the petitioner is not an aggrieved person.

Summary

Anil Kumar filed a public interest litigation seeking the cancellation of appointments of several administrative officers of Bihar Agriculture University, alleging that the appointments were made despite a stay order issued by the Bihar Government. The High Court examined whether a PIL is maintainable in a service matter and whether the petitioner qualifies as an aggrieved person under Article 226. Citing Supreme Court precedents, the Court held that writ jurisdiction under Article 226 is available only to persons whose legal rights are directly affected, except in habeas corpus, quo warranto, or genuine public interest cases. The Court found that the grievance was purely a service issue and the petitioner had no personal injury or public interest element. Consequently, the petition was dismissed as a non‑maintainable PIL.

Issues considered

  • Whether a public interest litigation can be entertained in a service matter concerning appointments in a university.
  • Whether the petitioner is an aggrieved person entitled to invoke the jurisdiction of the High Court under Article 226.
  • Whether the writ petition falls within the exceptions to the general rule for PILs (habeas corpus, quo warranto, genuine public interest).

Subjects

  • public interest litigation
  • service matter
  • Article 226
  • aggrieved person
  • appointment cancellation
  • Bihar Agriculture University
  • writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3641 of 2026
                 ======================================================
                 Anil Kumar Son of Awadh Bihari Lal, Resident of Krishi Nagar, Ashiana
                 Nagar, P.S. - Rajiv Nagar, District- Patna.

                                                                    ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Agriculture, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Agriculture, Government of Bihar,
                 Patna.
           3.    The Chancellor, University of Bihar, Raj Bhawan, Patna.
           4.    The Vice Chancellor, Bihar Agriculture University, Sabour, District-
                 Bhagalpur.
           5.    The Officer-in-Charge (Recruitment), Recruitment Cell, Bihar Agriculture
                 University, Sabour, District- Bhagalpur.
           6.    The Registrar, Bihar Agriculture University, Sabour, District- Bhagalpur.
           7.    The Director Administration, Bihar Agriculture University, Sabour, District-
                 Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s            :        Mr. Rikesh Sinha, Advocate
                                                          Mr. Rakesh Kumar, Advocate
                 For the Respondent/s            :        Mr. Shailendra Kumar Singh, Advocate
                 For the Respondent No. 4 to 7   :        Mr. Sri Ram Krishna, Advocate
                 For the Chancellor              :        Mr. Amish Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   18-03-2026                    Heard the learned Advocate for the petitioner and the

                   learned Advocate for the respondents.

                                 2. The instant public interest litigation has been filed

                   for the following reliefs:-

                                                     “(i) To cancel the appointment of
                                                     administrative officer, Director works
Patna High Court CWJC No.3641 of 2026(2) dt.18-03-2026
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                                          and Plant, Assistant Registrar and
                                          Section Officer which is done by Bihar
                                          Agriculture       University,   Sabour,
                                          Bhagalpur despite of stay in
                                          appointment by Bihar Government
                                          vide letter No. 4/कृ.पप.को.-21/2019 –
                                          3346/कृ., पटना पदनांक 13.8.2024.
                                                     (ii) For direction of proper
                                          investigation of irregularity done in
                                          appointment of administrative officer,
                                          Director works and Plant, Assistant
                                          Registrar and Section Officer by Bihar
                                          Agriculture       University,   Sabour,
                                          Bhagalpur and to stop the further
                                          appointment immediately.
                                                     (iii) and/or any other relief
                                          your lordships may deem fit and
                                          proper.”

                      3. Having considered the reliefs prayed for by the

          petitioner, it would be pertinent to observe that no public

          interest litigation is maintainable, rather it is purely a service

          matter. If the petitioner has any grievance with regard to the

          appointment of the respondent no. 7, the petitioner has

          appropriate       remedy        available      under   the   appropriate

          forum/Court, if he falls under the definition of aggrieved

          persons.

                      4. It would also be worth useful to refer a decision

          rendered in the case of Ghulam Qadir -Vrs.- Special Tribunal

          reported in (2002) 1 Supreme Court Cases 33 where the
Patna High Court CWJC No.3641 of 2026(2) dt.18-03-2026
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          Hon’ble Supreme Court in no uncertain term ruled that:

                                          “38….the rights under Article 226 of
                                          the Constitution of India can be
                                          enforced only by an aggrieved person
                                          except in the case where the writ
                                          prayed for is for habeas corpus or quo
                                          warranto. Another exception in the
                                          general rule is the filing of a writ
                                          petition in public interest. The
                                          existence of the legal right of the
                                          petitioner which is alleged to have
                                          been violated is the foundation for
                                          invoking the jurisdiction of the High
                                          Court under the aforesaid article…..”.

                      5. The Hon’ble Supreme Court in the case of

          Ayaaubkhan Noorkhan Pathan -Vrs.- State of Maharashtra &

          Ors. reported in (2013) 4 Supreme Court Cases 465 has been

          pleased to hold as follows:-

                                          “14. This Court has consistently
                                          cautioned the courts against entertaining
                                          public interest litigation filed by
                                          unscrupulous persons, as such meddlers
                                          do not hesitate to abuse the process of
                                          court. The right of effective access to
                                          justice, which has emerged with the new
                                          social rights regime, must be used to
                                          serve basic human rights, which purport
                                          to guarantee legal rights and, therefore,
                                          a workable remedy within the framework
                                          of the judicial system must be provided.
                                          Whenever any public interest is invoked,
                                          the court must examine the case to ensure
                                          that there is in fact, genuine public
Patna High Court CWJC No.3641 of 2026(2) dt.18-03-2026
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                                          interest involved. The court must
                                          maintain strict vigilance to ensure that
                                          there is no abuse of the process of court
                                          and that, “ordinarily meddlesome
                                          bystanders are not granted a visa”. Many
                                          societal pollutants create new problems
                                          of non-redressed grievances, and the
                                          court should make an earnest endeavour
                                          to take up those cases, where the
                                          subjective purpose of the lis justifies the
                                          need for it. (Vide P.S.R. Sadhanantham v.
                                          Arunachalam [(1980) 3 SCC 141 : 1980
                                          SCC (Cri) 649 : AIR 1980 SC 856] ,
                                          Dalip Singh v. State of U.P. [(2010) 2
                                          SCC 114 : (2010) 1 SCC (Civ) 324] ,
                                          State of Uttaranchal v. Balwant Singh
                                          Chaufal [(2010) 3 SCC 402 : (2010) 2
                                          SCC (Cri) 81 : (2010) 1 SCC (L&S) 807]
                                          and Amar Singh v. Union of India
                                          [(2011) 7 SCC 69 : (2011) 3 SCC (Civ)
                                          560] .)
                                          15. Even as regards the filing of a public
                                          interest litigation, this Court has
                                          consistently held that such a course of
                                          action is not permissible so far as service
                                          matters are concerned. (Vide Duryodhan
                                          Sahu v. Jitendra Kumar Mishra [(1998) 7
                                          SCC 273 : 1998 SCC (L&S) 1802 : AIR
                                          1999 SC 114] , Dattaraj Nathuji Thaware
                                          v. State of Maharashtra [(2005) 1 SCC
                                          590 : AIR 2005 SC 540] and Neetu v.
                                          State of Punjab [(2007) 10 SCC 614 :
                                          AIR 2007 SC 758] .)”
                                                                  emphasis supplied

                      Summarizing the law on the said point, the Hon’ble

          Court in the Ayaaubkhan Noorkhan Pathan (supra) has held

          that a person who raises a grievance, must show how he has
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                       suffered legal injury. Generally, a stranger having no right

                       whatsoever to any post or property, cannot be directed to

                       intervene in the affairs of others.

                                   6. In view of the afore-noted settled legal position and

                       the nature of the grievance, we do not find that there is any

                       public element involved in this matter.

                                   Accordingly, the public interest litigation stands

                       dismissed.



                                           (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U


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