Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court did not decide the merits but ordered the petitioners to file representation and disposed the petition.
Summary
Four contract lecturers filed a writ petition seeking a writ directing the State of Bihar to implement Memo No. 3443 dated 9‑Aug‑2024, which granted contract teachers the same holidays as regular teachers, alleging discrimination. They also requested that they not be compelled to work during those holidays. The State argued that the memo had been amended by a corrigendum issued in Letter No. 221 dated 9‑Jan‑2026. The Court noted that the petitioners were demanding mandamus but had not filed any representation before the Secretary, State Board of Technical Education. Accordingly, the Court ordered the petitioners to file their representation within 30 days and directed the respondent to pass a reasoned order within 90 days, disposing the writ petition without deciding its merits.
Issues considered
- Whether contract lecturers are entitled to mandamus directing implementation of Memo No. 3443 granting equal holidays.
- Whether the amendment/corrigendum issued in Letter No. 221 supersedes the original memo.
- Whether the failure to file a representation before the concerned authority bars the Court from entertaining the writ.
Subjects
- contract teachers
- holidays
- discrimination
- mandamus
- writ petition
- representation
- Bihar
- State Board of Technical Education
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4651 of 2026
======================================================
1. Sudhir Kumar S/o Shri Singheshwar Das, R/V- Narahia, P.S.- Narahia, Dist-
Madhubani.
2. Sanjeev Kumar, S/o Late Ram Anup Ray, R/V- Gangapur, P.S.-
Musarigharari, Dist- Samastipur.
3. Afshan Zarrin, D/o- Ahsanul Hoda, R/V- Baitul Hoda Khan Chouk, P.O.-
Lalbagh, P.S.- Laheriasarai, Dist- Darbhanga.
4. Md. Zafar Alam, S/o- Md. Azizul Haque, R/V- Rahamatbagh, P.S.-
Nathnagar, Dist- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Department of Science and
Technology, Government of Bihar, Patna.
2. The Secretary, Science and Technology Department, Government of Bihar,
Patna.
3. The Director, Science and Technology Department, Government of Bihar,
Patna.
4. The Secretary, State Board of Technical Education 4th Floor Technology
Bhawan Visheshwaraiya Bhawan, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Respondent/s : Mr. Government Advocate (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 30-03-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance of an appropriate writ, order,
direction to the respondents to obey their own
order bearing Memo No. 3443 dated
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09.08.2024 by they decided that teachers
appointed in Govt. Polytechnic College/ Govt.
Polytechnic Institutes and Govt. Polytechnic
Colleges, on contract basis will be entitled for
two holidays i.e. Summer vacation and X-mas
holiday leave including general leave equal to
the regular teachers.
II. For issuance of appropriate writ, order,
direction to the respondents that any action of
the respondents to not providing equal
holidays in favour of lecturers appointed on
contract bass to that of regular lecturers /
teachers in Govt. Polytechnic Colleges of
State of Bihar is a discrimination in this
respect of holidays.
III. For issuance of an appropriate writ, order,
direction to the respondents not to force the
petitioners being Lecturer appointed on
contract basis in Govt. Polytechnics of State
of Bihar to remain present in this College /
Institution during the period of holidays
prescribed for the regular teachers/ lecturers.
IV. For issuance of any appropriate writ,
order, direction for which petitioners are
found entitled for under the facts stated in this
application.”
3. After some argument, learned counsel for the
petitioners seek permission to withdraw the present writ petition
Patna High Court CWJC No.4651 of 2026(2) dt.30-03-2026
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with liberty to file representation before the Secretary, State
Board of Technical Education, 4th Floor Technology Bhawan
Visheshwaraiya Bhawan, Patna (Respondent no.4).
4. Learned counsel for the State submits that by virtue
of the present writ petition, the petitioners have demanded relief
for implementation of Memo No. 3443 dated 09.08.2024. He
submits that according to his information, the said order
contained in Memo No. 3443 dated 09.08.2024 has already
amended and corrigendum has been issued which is contained
in Letter No. 221 dated 09.01.2026 (Annexure-P/7).
5. In the light of the submissions made as well as
prayers made in the writ petition, it transpires to this Court that
the petitioners have demanded relief of Mandamus, but no
representation has been filed.
6. As such, this Court without entering into the merit
or demerit of this case hereby directs the petitioners to file their
representation along with a copy of this order before the
Secretary, State Board of Technical Education, 4th Floor
Technology Bhawan Visheshwaraiya Bhawan, Patna
(Respondent no.4), within 30 days. Upon receipt of the same,
the Respondent no.4 is directed to pass a reasoned and speaking
order within 90 days thereafter.
Patna High Court CWJC No.4651 of 2026(2) dt.30-03-2026
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7. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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