Patna High Court
Nitish RoyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The petition is not maintainable as the private outsourcing agency is not a State within the meaning of Article 12.
Summary
The petition filed by Nitish Roy challenged an order of termination issued by Urmila International Services Private Ltd., an outsourcing agency, alleging violation of his rights. The State of Bihar intervened, contending that the writ petition was not maintainable because no relief was sought against the State or its instrumentalities. The State further argued that the private outsourcing agency could not be deemed a "State" within the meaning of Article 12 of the Constitution. The Court examined whether a private agency performing public functions falls within the definition of State for writ jurisdiction. Finding that the agency is not a State under Article 12 and that the petitioner sought relief only against the private entity, the Court held the petition non‑maintainable and dismissed it. The order underscores the limitation of writ jurisdiction to actions of the State or its agencies as defined by the Constitution.
Issues considered
- Whether a private outsourcing agency can be treated as a 'State' within the meaning of Article 12 of the Constitution of India.
- Whether a writ petition is maintainable when relief is sought only against a private agency and not against the State or its instrumentalities.
Legislation cited
- Constitution of India — s. Article 12
Subjects
- Article 12
- State definition
- private agency
- writ jurisdiction
- maintainability
- termination order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4026 of 2026
======================================================
Nitish Roy Son of Tapeshwar Roy, Resident of Bhikham Chak, Naipur,
Begusarai, P.O. Naipur, P.S. Bachhwara, Bihar District- Begusarai, Bihar, Pin-
851128.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, Patna.
2. The Civil Surgeon-cum-Member Secretary, District Health Committee,
Sadar Hospital Begusarai, Hospital Rd, Ratanpur, District - Begusarai,
Bihar, Pin - 851101.
3. The Medical Officer-in-charge, Primary Health Centre Bachhwara, District
Begusarai, Pin- 851111.
4. Urmila International Services Private Ltd. through its Managing Director,
having its regional office at 1st Floor, New Incubation Building, Software
Technology Parks of India, Rajeev Nagar Road, Patliputra Colony, P.O.-
Patliputra, P.S. Rajeevnagar, District- Patna- 800013.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Gyan Prakash, Advocate
For the State : Mr. Subhash Prasad Singh, G.A.3
Mr. Shiv Kumar, A.C. to G.A.3
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 24-03-2026 Heard the parties.
2. The present writ petition has been filed for
challenging the order of termination, issued by Respondent
No.4, which is an outsourcing agency.
3. Learned counsel for the State submits that the writ
is not maintainable in view of the fact that no relief has been
sought for against the State or its instrumentalities. The private
outsourcing agency is not the State within the meaning of
Article 12 of the Constitution of India.
Patna High Court CWJC No.4026 of 2026(2) dt.24-03-2026
2/2
4. Accordingly, the present writ petition is dismissed
as not maintainable.
(Ritesh Kumar, J.)
Sanjay/-
U
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