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Patna High Court

Punam KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Secretary, Labour Resource and Migrant Workers Welfare Department, Government of Bihar, to pass an order on the petitioner’s representation within 90 days and disposed of the writ petition.

Summary

The petitioner, Punam Kumari, filed a writ petition seeking a mandamus directing the Bihar Labour Resource and Migrant Workers Welfare Department to consider her application for selection to the Indian Administrative Service (IAS) under the 1997 Appointment by Selection Regulation, after a prior denial in 2023 on technical grounds. She also sought a decision on a representation dated 21‑02‑2026, asserting that she had received two promotions in the intervening period. The State argued that the petition was premature because no order had yet been passed on the representation. The High Court, without adjudicating the merits of the selection claim, ordered the Secretary of the Department to pass an order on the pending representation within 90 days of the court’s order. Consequently, the writ petition was disposed of. The decision emphasizes procedural compliance rather than substantive evaluation of the petitioner’s eligibility.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the Department to consider the petitioner’s IAS selection application.
  • Whether the pending representation dated 21‑02‑2026 must be decided within a specified time frame.

Subjects

  • writ of mandamus
  • IAS selection
  • Administrative law
  • representation
  • civil service recruitment
  • Bihar
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3724 of 2026
                 ======================================================
                 Punam Kumari wife of Rajan Prasad Thakur, Resident of Thakur Niwas,
                 Bichla Dih, Near Hanuman Mandir, Village-village- Barhi Bigha, Kenar
                 Fatehpur, P.S- Wazirganj, Tarawan, P.O-Tarwan, District- Gaya (Bihar)-
                 805128.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Additional Chief Secretary, General
                 Administration Department, Government of Bihar, Patna-800001.
           2.    The Special Secretary, General Administration Department, Government of
                 Bihar, Patna-800001
           3.    The Additional Chief Secretary, Labour Resource and Migrant Workers
                 Welfare Department, Government of Bihar, Patna.
           4.    The OSD, Labour Resource and Migrant Workers Welfare Department,
                 Government of Bihar, Patna.
           5.    The Secretary Labour Resource and Migrant Workers Welfare Department,
                 Government of Bihar, Patna
           6.    The Joint Secretary Labour Resource and Migrant Workers Welfare
                 Department, Government of Bihar, Patna.
           7.    The Labour Commissioner, Labour Resource and Migrant Workers Welfare
                 Department, Government of Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Rajesh Kumar Sharma, Advocate
                 For the State          :       Mr. Ravi Kumar, (AC to GP-13)
                                                Mr. Akshay Lal Prasad, (AC to GP-13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   13-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The present writ petition has been filed for issuance

                   of an appropriate writ/writs, order/orders, direction/directions to

                   the concerned respondent authorities for the following relief/s:-

                                        “I. For the issuance of an appropriate
Patna High Court CWJC No.3724 of 2026(2) dt.13-03-2026
                                            2/3




                               writ/writs in nature of mandamus for direction
                               to consider application of petitioner (Annexure
                               P/13) duly applied for selection Year-2025 in
                               pursuance of notification contained in Letter
                               No. 1978 dated 28-01-2026 (Annexure P/12)
                               in connection with Non-State Civil Services
                               officers selection in the Indian Administrative
                               Services in terms of Regulation contained in
                               the        Indian         Administrative      Service
                               (Appointment by Selection) Regulation, 1997,
                               which was earlier denied in selection Year-
                               2023 on mere technical ground assigning that
                               a minor punishment was imposed to petitioner
                               in    a     departmental         proceeding   without
                               considering the fact that petitioner in said
                               intervening time period got two subsequent
                               promotion on higher rank on the basis of her
                               outstanding        performance,      discipline   and
                               integrity toward service.
                               II. For direction to take final decision on
                               petitioner representation dated 21-02-2026
                               (Annexure P/14) addressed to the Secretary,
                               Labour       Resource      and     Migrant    Workers
                               Welfare Department, Government of Bihar,
                               Patna for consideration her candidature.
                               III. And for any other reliefs/reliefs for which
                               the petitioner is found to be entitled under the
                               provision of law involved in the present case.”


                      3. Learned counsel for the State raised a preliminary
             Patna High Court CWJC No.3724 of 2026(2) dt.13-03-2026
                                                         3/3




                       objection and submits that the petitioner has filed the present

                       writ petition for issuance of writ of mandamus for which

                       representation has been filed by the petitioner dated 21.02.2026

                       (annexed as Annexure-P/14). But, no order has been passed on

                       the petitioner’s representation till date.

                                   4. Upon perusal of the petitioner’s representation, it

                       transpires that the said representation has been received in the

                       office of Labour Resource and Migrant Workers Welfare

                       Department, Govt. of Bihar, Patna on 24.02.2026.

                                   5. As such, this Court without entering into the merit

                       or demerit of this case hereby directs the Secretary, Labour

                       Resource       and     Migrant          Workers     Welfare   Department,

                       Government of Bihar, Patna (Respondent no.5) before whom the

                       representation is pending, to pass order on the petitioner’s

                       representation dated 21.02.2026 (Annexure-P/14) within 90

                       days from the date of production of a copy of this order.

                                   6. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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