Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court dismissed the writ and directed the petitioners to file a representation before the competent authority, which must decide the claim within eight weeks.
Summary
Five petitioners applied for the post of Librarian under a common advertisement of the Zila Parishad, Gaya, but were not appointed. They filed a writ petition seeking a mandamus directing the respondents to consider their applications along with similar petitions, to appoint them, and to restrain earlier appointments, relying on the Supreme Court judgment in Naushad Anwar v. State of Bihar. The State argued that the matter should be decided by the appropriate authority if it falls within the parameters of the Supreme Court decision. The Patna High Court observed that a representation had already been filed before the Director of Secondary Education, but the competent authority to adjudicate the claim is the Zila Parishad, Gaya. Consequently, the Court directed the petitioners to file a representation before the District Programme Officer (Establishment), Gaya, citing the relevant judgment, and ordered the Zila Parishad to decide the claim within eight weeks. The writ petition was thereafter disposed.
Issues considered
- Whether the petitioners are entitled to a mandamus directing the respondents to appoint them as Librarians based on the Supreme Court precedent.
- Whether the petitioners' applications should be considered together with similar pending writ petitions.
- Whether the appropriate authority for adjudicating the claim is the Zila Parishad, Gaya, and if a representation must be filed before it.
Subjects
- librarian appointment
- mandamus
- public service recruitment
- representation before authority
- Supreme Court precedent
- Bihar education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4377 of 2026
======================================================
1. Neeraj Kumar son of Sri Madan Mohan Prasad Sinha, resident of near
Alamganj Chowki, P.O. Gulzarbagh, P.S. Alamganj, District - Patna.
2. Prem Prakash son of Late Ravindra Nath, resident of Village - Bhadari, P.S. -
Silao, District Nalanda.
3. Dheraj Kumar son of Shree Arun Kumar, resident of Akbarpur, P.S. -
Paliganj, District Patna.
4. Amar Deep Pandey son of Late Harihar Nath Pandey, resident of Gaighat,
Kharakuan, P.O. Gulzarbagh, P.S. Alamganj, District - Patna.
5. Harshbardhan Prasad son of Late Mahabit Prasad, resident of Rosalpur,
Jagai, P.S.- Aungari Dham, District-Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Director, Secondary Education, Government of Bihar, Patna.
4. The Deputy Director, Secondary Education, Government of Bihar, Patna.
5. The Regional Deputy Director Education, Gaya.
6. The District Programme Officer (Establishment), Gaya.
7. The Deputy Development Commissioner cum Chief Executive Officer,
Gaya.
8. The Zila Prishad, Gaya through its Chiarman, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate
For the Respondent/s : Mr. Additional Advocate General (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 30-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
Patna High Court CWJC No.4377 of 2026(2) dt.30-03-2026
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(i) For direction upon the respondents to
also consider the case of the petitioners along with
the similar Writ Petition No. 2996/18 and cases of
other petitioners who are also similarly situated as
they also applied for the post of Librarian in the
same advertisement.
(ii) For direction upon the respondents to
appoint the petitioners on the post of Librarian in
Zila Parishad Gaya.
(iii) For issuance of writ in the nature of
mandamus directing the commanding the
respondents to fill up the sanction / vacant post of
Librarian in the different Zila Parishad
Secondary/Higher Secondary school as well as
Zila Parishad Corporation/ Nagar Parishad,
Secondary/ Higher Secondary school by the
petitioners who have qualified and occupied
employment Unit of a District.
(iv) For issuance writ nature of mandamus
directing and commanding respondents restrain
candidates who were appointed Librarian earlier
after appearing in subsequent counseling due to
which said appointments are being adversely
affected and further to allow those candidate to
appear the counseling for the post Librarian who
have not been provided any opportunity for
appearance in the appointment process held in the
year 2008.
(v) For any other reliefs in the facts and
circumstances of this case.
3. It is the case of these petitioners that the petitioners
had applied for the post of Librarian under the same
advertisement and this issue has already been adjudicated at the
level of Hon’ble Supreme Court in the case of Naushad Anwar
and Others v. The State of Bihar and Others, passed in Civil
Patna High Court CWJC No.4377 of 2026(2) dt.30-03-2026
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Appeal No. 4270 of 2014, arising out of S.L.P.(C) No.10964 of
2010, and for similar relief, representation has also been filed
before the authorities which has, till date, not been adjudicated
and appropriate directions in similar terms has been passed on
the similar applications having been filed by similarly situated
persons in C.W.J.C. No.2996 of 2018, the petitioner’s case may
also be directed to be adjudicated in similar terms.
4. On the other hand, learned counsel for the State
also submits that if similar matters have already been
adjudicated and orders have been passed by the appropriate
authorities, in terms of the judgment rendered by the Hon’ble
Supreme Court, the petitioner’s case may also be directed to
considered by the appropriate authorities in similar terms, if the
case is found to be genuine and falling within the parameters
prescribed in the aforementioned case.
5. Considering the fact that there is already a
representation filed before the Director, Secondary Education,
which as per the objections of the learned counsel for the State,
the same was required to have been filed before the respondent
No.8, the Zila Parishad, Gaya, who is the competent authority to
adjudicate the claim in question, accordingly, this Court directs
this petitioner to file an appropriate representation before the
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respondent No.6, giving details of the services rendered and as
also the judgment which he proposes to rely upon and upon
filing of the same, the Respondent No.8 shall adjudicate the
claim of the petitioner in accordance with law, within a period
of eight weeks and decision so taken shall be communicated to
the petitioner within the same time.
6. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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