Patna High Court
Anjani KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court held that it would not entertain the merits of the appointment claim and instead directed the petitioners to make a representation before the Principal, who must consider it and issue a reasoned order.
Summary
Three individuals filed a writ petition seeking a mandamus directing the State of Bihar and officials of Anugrah Narayan Magadh Medical College to consider their appointment to a Class IV post. The High Court, after hearing counsel, did not adjudicate the merits of their claim. Instead, it ordered the petitioners to file a representation before the Principal of the college within four weeks. The Principal was directed to consider the representation and pass a reasoned order within two months, communicating the decision to the petitioners. The Court clarified that it was not passing on the substantive issue of the appointment and disposed of the writ application with these procedural directions.
Issues considered
- Whether the court can issue a mandamus directing the appointment of the petitioners to the Class IV post.
- Whether the petitioners have a statutory right to be considered for the appointment.
- Whether the court should entertain the merits of the appointment claim or direct a representation before the concerned authority.
Subjects
- Writ of Mandamus
- Appointment
- Public Service
- Administrative Law
- Health Department
- Representation
- Class IV Post
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4609 of 2026
======================================================
1. Anjani Kumar Son of Kaushal Kishore Sharma, Resident of village- Turk
Telpa, Mali, P.O.- Karpi, Sonbhadra, Banshi Suryapur, District- Arwal.
2. Yogendra Kumar, Son of Ramvriksha Yadav, Village and Post Neuri,
Belaganj, District- Gaya.
3. Runni Devi Wife of Kamlesh Sharma, Resident of Village and Post Sanda,
Tikari, Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Department of Health, Government of Bihar.
3. The Joint Secretary, Health Department Government of Bihar, Patna.
4. The Deputy Secretary, Department of Health Government of Bihar, Patna.
5. The Director in Chief (Administration), Health Department Government of
Bihar, Patna.
6. The Anugrah Narayan Magadh Medical College and Hospital, Gaya through
its Superintendent.
7. The Principal, Anugrah Narayan Magadh Medical College and Hospital,
Gaya.
8. The Superintendent Anugrah Narayan Magadh Medical College and
Hospital, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Rukhaiyar, Advocate
Mr. Himanshu Kumar Akela, Advocate
Ms. Manisha Mrinal, Advocate
For the Respondent/s : Additional Advocate General (9)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the parties.
2. The petitioners have filed the instant application for
the following relief (s) :-
“1. That this is an application praying for issuance
of an appropriate Writ(s) / Order(s), preferably a
Writ in the nature of Writ of Mandamus
Patna High Court CWJC No.4609 of 2026(2) dt.31-03-2026
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commanding the respondents to forthwith consider
the case of the Petitioners for appointment on
Class IV post in Respondent Anugrah Narayan
Magadh Medical College & Hospital, Gaya at
least with effect from the date persons junior to
them in the panel (Annexure P/5) have been
appointed against Advt. Dated 02/12/2016
(Annexure P/2) published under the signature of
Principal, Anugrah Narayan Magadh Medical
College & Hospital, Gaya.”
3. Having heard learned counsel for the parties and
taking into consideration the contents of the petition, the
petitioners are directed to file a representation for the reliefs
prayed for herein before the Principal, Anugrah Narayan
Magadh Medical College and Hospital, Gaya (respondent no.7)
within a period of four weeks.
4. On such a representation being filed, the respondent
no.7 shall consider the same in accordance with law and shall
pass appropriate order thereon within a period of two months
from the date of its filing.
5. In case the representation of the petitioners does not
find favour with the respondent concerned, the respondent no.7
shall pass a reasoned order and communicate the same to the
petitioners within the aforesaid period.
6. It is made clear that the Court has not gone into the
Patna High Court CWJC No.4609 of 2026(2) dt.31-03-2026
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merits of the case of the petitioners which is to be considered by
the respondent concerned.
7. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Shiv/-
U
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