Patna High Court
Dr Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner must first file a fresh representation before the Secretary, Health Department, and the writ cannot be entertained until that administrative remedy is exhausted.
Summary
The petitioner, Dr. Arvind Kumar, filed a writ petition seeking a writ of mandamus directing the Bihar Health Department to grant him promotion to Professor, alleging that his promotion was delayed compared to junior colleagues. He claimed that his earlier representations to the Secretary, Health Department remained pending. The court examined whether the petitioner could obtain immediate judicial relief or must first exhaust the administrative remedy. It held that the petitioner must file a fresh representation before the Secretary within three weeks. Upon filing, the matter will be decided in accordance with law within two months, and the order will be communicated without delay. Consequently, the writ application was disposed with directions to pursue the administrative process.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus for promotion to Professor without first filing a fresh representation before the Secretary, Health Department.
Subjects
- promotion
- writ of mandamus
- administrative remedy
- public service
- seniority
- Health Department
- Bihar
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3692 of 2026
======================================================
Dr Arvind Kumar Son of Ram Lakhan Singh, Resident of Jagdishpur Kothi,
Chanakya Nagar, Kumhrar, Sampatchak, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Health Department, Government of Bihar, Patna.
3. The Joint Secretary Health Department, Government of Bihar, Patna
4. The Under Secretary Health Department, Government of Bihar, Patna
5. The Director in Chief (Education Health), Health Department, Government
of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Rukhaiyar, Advocate
Mr. Himanshu Kumar Akela, Advocate
Ms. Manisha Mrinal, Advocate
For the Respondent/s : Government Pleader 18
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. That this is an application praying for issuance
of an appropriate Writ(s) / Order(s), setting aside
part of Notification, so far it relates to the
Petitioner, Vide Memo No. 971(17) dated
21/09/2023 (Annexure P/6) whereby and
whereunder the Petitioner has been granted
promotion to the post of Professor in the year 2023
and, further, for issuance of an appropriate
Writ(s) / Order(s), preferably a Writ in the nature of
Writ of Mandamus, commanding the respondents to
Patna High Court CWJC No.3692 of 2026(2) dt.17-03-2026
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forthwith consider the case of the Petitioner for
grant of promotion to the post of Professor in
conformity with the relevant regulations, at least
with effect from the date similarly situated persons
and his junior have been granted promotion on
such post along with all consequential benefits.”
3. Without going into the details of the case of the
parties, it may be stated here that the petitioner is aggrieved by
the fact that the promotion given to him on the post of Professor
is much subsequent to the promotion given to persons junior to
him.
4. It further transpires from the contents of the writ
application that the petitioner has filed representations before
the Secretary, Health Department, Government of Bihar, which
as per the petitioner’s case continues to remain pending.
5. Having heard learned counsel for the parties and
having perused the contents of the petition, the writ application
is disposed of directing the petitioner to file a fresh
representation before the Secretary, Health Department,
Government of Bihar (respondent no.2) within a period of three
weeks.
6. In case such a representation is filed, the same shall
be disposed of in accordance with law at the earliest preferably
within a period of two months from the date of its filing and the
Patna High Court CWJC No.3692 of 2026(2) dt.17-03-2026
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order passed thereon shall be communicated to the petitioner
without any delay.
7. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Shiv/-
U
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