Patna High Court
Punam KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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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