Created by Fuzzy Cloud

Patna High Court

Sudhir KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CWJC No.4651 of 2026(2) dt.30-03-2026
                                            2/4




                                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
                                            3/4




          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
                                                         4/4




                                   7. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.