Patna High Court
Smt. Maya SharanversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The application is dismissed for non‑prosecution due to the petitioner’s failure to appear.
Summary
The petitioner, Smt. Maya Sharan, filed a writ petition seeking a mandamus directing the respondents to convene a departmental promotion committee for her promotion to Assistant Registrar, Co-operative Societies, alleging that her name was arbitrarily excluded contrary to Rule 6(2)(a) of the relevant statutory provisions. She also sought a declaration that the non‑consideration of her promotion was illegal, arbitrary and mala fide, and any other appropriate relief. No counsel appeared on behalf of the petitioner despite multiple notices, while the respondent was represented by Mr. Uday Shankar Sharan Singh. The Court noted the petitioner’s failure to prosecute the application. Consequently, the High Court dismissed the petition on the ground of non‑prosecution. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether the writ petition for mandamus and declaration can be entertained when the petitioner fails to appear before the Court.
- Whether the alleged non‑consideration of the petitioner’s promotion is illegal, arbitrary and mala fide under the applicable statutory rule.
Subjects
- mandamus
- promotion committee
- non‑prosecution
- administrative law
- co‑operative societies
- departmental promotion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4889 of 2017
======================================================
Smt. Maya Sharan Wife of Jitendra Kumar, Resident of Flat no. 306'A' Block-
B, Vaisnavi Plaza Apartment, West Boring Canal Road, P.S.-S.K.Puri, Town
and District-patna.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Department, of Co-Operative, Government of
Bihar, New Secretariat, Patna.
3. THe Deputy Secretary, Department of Cooperative, New Secretariat, Patna.
4. The Registrar, Co-operative Societies, Government of Bihar, New
Secretariat, Patna.
5. The Deputy Registrar, Co-operative Societies, Head Office New Secretariat,
Patna.
6. The Assistant Registrar, Co-Operative Societies, Head Office New
Secretariat, Patna.
7. The Principal Secretary, Department, of Personnel and Administrative
Secretariat, Patna.
8. The Secretary, Bihar Public Service Commission, Bailey Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Uday Shankar Sharan Singh-GP19
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 10-02-2026 No one appears for the petitioner. Learned counsel
for the respondent is present.
2. The petitioner has filed the instant application for
the following reliefs:
“(I) Issuance of direction/order/writ of
mandamus/ certiorari commanding the
respondents to forthwith hold meeting of the
departmental promotion committee for
Patna High Court CWJC No.4889 of 2017(5) dt.10-02-2026
2/2
promotion of petitioner to and other co-
operative extension officers the post of Assistant
Registrar, Co-operative Societies as per the to
the proposal sent Respondent Commission and
Clarifica- tion given vide Annexure-6 in the light
of statutory provision content in Rule 6(2) (a) of
Annexure-1.
(II) Issuance of direction/order/writ proper
declaration commanding or the respondents that
the non consideration of the name of the
petitioner and others for promotion as per the
statutory rule, without any reason, is out and out
illegal, arbitrary and malafide in the facts and
the circumstances of this case.
(III) Issuance of any other direction/ directions
to which the petitioner may be deemed entitled to
in the facts and the circumstances of this case.”
3. No one appeared on behalf of the petitioner on
20.1.2026 and 6.2.2026 also.
4. In view of the above, the application is dismissed
for non prosecution.
(Partha Sarthy, J)
Bibhash
U
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