Patna High Court
Binod Kumar Mishra and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The application was dismissed as withdrawn.
Summary
The petitioners, a group of individuals, filed a writ petition seeking a mandamus directing the State of Bihar and the Bihar State Public Service Commission to consider their genuine grievance and appoint them to a 3rd grade staff post advertised in 1987, alleging arbitrariness in the selection process. They claimed entitlement under advertisement no‑08/87 and argued that future vacancies should be filled as per the same advertisement. The petitioners, through counsel, later sought permission to withdraw the application. The Court, noting the withdrawal request, dismissed the petition as withdrawn without addressing the merits of the appointment grievance. Consequently, no order directing appointment or mandamus was issued.
Issues considered
- Whether the petitioners are entitled to appointment to the 3rd grade staff post as per advertisement no‑08/87
- Whether a writ of mandamus can be issued directing the State and BPSC to consider the petitioners' grievance
Subjects
- Writ of Mandamus
- Public Service Commission
- Appointment
- Arbitrariness
- Petition Withdrawal
- Civil Writ Jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4034 of 2017
======================================================
1. Binod Kumar Mishra S/o- Sri Hardeo Mishra, Resident of Rental Flat No-
396, Kankarbagh Colony, Patna- 20.
2. Harendra Kumar Pandey, S/o- Sri Bhuneshwar Pandey, Resident of Mohalla-
Prakashpuri, Shital Tola, P.O. P.S.- Arra Nagar, District- Bhojpur, Pin-
802301 M- 982125501.
3. Sudhir Kumar Thakur, S/o- Late Ramnandan Thakur, Kamlalai Bhawan,
B.K. Datta Lane New Jannakpuri, Patna- 800001, M- 9431623998,
749860378
4. Umesh Gupta, S/o- Late Natak Saha, Mata Phudi Lane, Mahendru Patna,
Pin- 800006, M- 9304121587.
5. Subhash Chandra, S/o- Late Suryadev Prasad, Road No. 10. Flat No- 44
Back Side, Alkapuri, Damariya, Gardani Bagh, Patna- 02, M- 9798855440
6. Raju Kumar Gupta, S/o- Late Dhanraj Prasad, Milkki Muhallah, Aara, M-
9576082024.
7. Jitendra Prasad Arya, S/o- Harichan Singh, Village- Chakbihari, P.O.-
Nandlalbad, Via- Fathuan, District- Patna, Pin- 803201, M- 9939610604.
8. Sanjay Kumar Singh, S/o- Late Kapildev Prasad Singh, Mohalla- Maltikunj,
Mohalla- Shivpuri, P.O.-Shastri Nagar, Patna- 23, M- 9905409857.
9. Dilip Kumar, S/o- Kishun Prasad, Village- Chorahi, P.O.- Bhelai, P.S.-
Udwant Nagar, District- Bhojpur.
10. Awadesh Kumar Singh, S/o- Late Ramjee Singh, Mohalla- Godhana Road
Anaith Near Satti Mai, P.O.- Anaith, P.S.- Nawada, District- Bhojpur.
11. Uday Shankar Ujha, S/o- Ram Shankar Ojha, Mohalla- Jagat Bhola Bhawan,
Mahadeva Magahiya Toli, Ward No. 21, Aara Nagar, Bhojpur.
12. Ram Krishna Prasad, S/o- Late Kushi Ram, Village- Dube Chapra, P.O.-
Gori, P.S. Barhara, District- Bhojpur.
13. Chandra Mohan Pandey, S/o- Sidheswar Pandey, Village- Elohri Form, P.S.-
Boihara, District- Bhojpur.
14. Kamleshwar Prasad, S/o Awadh Bihari Prasad, Village- Narayanpur, P.O.-
Daulatpur, P.S.- Koilwar, District- Bhojpur.
15. Amitabh, S/o- Late Ram Ruproop Singh, Club Road, Near of N.C.C., Beside
of Chapra Kothi, Aara, P.S.- Nawada, District- Bhojpur.
16. Santosh Kumar Srivastav, S/o- Late Shiv Narayan Lal, Village- Nala Road,
Maula Bagh, Ara.
17. Dewadhar Singh, S/o- Late Shankar Dayal Singh, Village P.O. P.S.- Koilwar,
District- Aara.
18. Prem Kumar Pandey, S/o- Late Dev Kumar Pandey, Village- Near B.D.O.
Block, Club Road, Aara, P.S.- Nawada, P.O.- Aara, District- Bhojpur.
19. Nand Kumar Singh, S/o- Banshidhar Singh, Village- Majhauwan, P.O.-
Arrah, P.S.- Arrah Town, District- Bhojpur.
20. Rajendra Kumar, S/o- Late Laxman Prasad Verma, Village- Nehru Nagar,
Patna High Court CWJC No.4034 of 2017(6) dt.20-01-2026
2/3
Raman ji ka Hata, Aara, P.O.- Aara, P.S.- Bhojpur, Aara.
21. Manindra Bhushan, S/o- Late Shiv Phujan Prasad Gupta, Bhaluhiharpur,
P.S.- Khara Kuan, District- Bhojpur, Aara.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna.
2. The Principal Secretary, General Administrative Department, Old
Secretariat, Patna.
3. The Chairman, Bihar State Public Service Commission, Bailey Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioners : Mr. Chandra Mohan, Advocate
Mr. Puneet Siddhartha, Advocate
Mr. Chandra Bhushan Verma, Advocate
For the State : Mr. Saroj Kumar Sharma, AC to AAG-3
For the B.P.S.C. : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 20-01-2026 1. The petitioners filed the instant application for the
following relief :-
“That the petitioners pray for
issuance of a writ preferably in the nature of
Mandamus commanding and directing the
Respondents concerned to consider the genuine
grievance of the petitioners appoint then on the
post of 3rd grade staff in the light of condition
mentioned in the advertisement no-08/87 at
Serial no-3 that in future vacancies arises at the
level of intermediate then post would be fill up
aforesaid advertisement publish in the
newspaper in the year 1987 as from the facts and
circumstances of this case it would be evident
that despite their entitlement petitioners were not
Patna High Court CWJC No.4034 of 2017(6) dt.20-01-2026
3/3
appointed on the aforesaid post due to
arbitrariness. And/or any other relief or reliefs
for which the petitioners are found entitled to in
the facts and circumstances of this case.”
2. Mr. Chandra Mohan, learned counsel on
instructions of Mr. Puneet Siddhartha, learned counsel for the
petitioner seeks permission to withdraw this application.
3. In view of the above, the application is dismissed as
withdrawn.
(Partha Sarthy, J)
avinash/-
U
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