Created by Fuzzy Cloud

Patna High Court

Amlesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must file fresh representations and the Secretary must decide them within 90 days, thereby refusing to issue a mandamus.

Summary

Four Ayurvedic lecturers filed a writ petition seeking a mandamus directing the Secretary of the Health Department, Bihar, to consider their promotion to Associate Professor from the date they became eligible. They alleged that similarly situated colleagues had been promoted while they were not, despite having their services confirmed. The State argued that no instruction had been received to act on the matter. The Court, without adjudicating the merits, ordered the petitioners to file fresh representations within 30 days and directed the Secretary to decide those representations within 90 days. Consequently, the writ petition was disposed without granting mandamus.

Issues considered

  • Whether the State is legally obligated to consider the petitioners' promotion to Associate Professor.
  • Whether a writ of mandamus is an appropriate remedy in the absence of a decision by the respondent.
  • Whether the petitioners' grievance regarding differential treatment warrants judicial intervention.

Subjects

  • promotion
  • associate professor
  • writ of mandamus
  • public service
  • administrative law
  • representation

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.4931 of 2026
     ======================================================
1.    Amlesh Kumar S/o Late Prabhulal Prasad, R/o Village Mishrauliya, P.S.-
      Chiraiya, District- East Champaran.
2.   Anil Kumar, S/o Mithilesh Prasad, R/o Village- Kanchanawan, P.S.-
     Belaganj, District- Gaya.
3.   Ram Nandan Sahni, S/o Late Lalo Sahni, R/o Village- Hanuman Nagar, P.S.-
     Rosera, District- Samastipur.
4.   Satyendra Kumar Singh, S/o Sri Bikrama Singh, R/o Village- Jamunidihara,
     P.S.-Dhansoin, District- Buxar.

                                                                  ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through the Additional Chief Secretary, Health
     Department, Bihar, Patna.
2.   The Secretary, Health Department, Bihar, Patna.
3.   The Special Secretary, Health Department, Bihar, Patna.
4.   The Additional Secretary, Health Department, Bihar, Patna.
5.   The Joint Secretary, Health Department, Bihar, Patna.
6.   The Deputy Secretary, Health Department, Bihar, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Shiv Kumar, Advocate
     For the Respondent/s   :     Mr. Advocate General
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 02-04-2026


                  Heard learned Counsel for the petitioners and learned

      Counsel for the State.

                  2. The present writ petition has been filed by the

      petitioners for issuance of writ of mandamus directing

      respondent No.2, the Secretary, Health Department, Bihar,

      Patna, to consider the case of the petitioners for promotion to
Patna High Court CWJC No.4931 of 2026 dt.02-04-2026
                                           2/3




         the post of Associate Professor (Reader) in their respective

         subjects from the date they became eligible for the same.

                     3. Learned Counsel for the petitioners submits that the

         petitioners were appointed on the post of Lecturer, Ayurvedic,

         by virtue of notification issued vide Memo No.292 dated

         25.02.2019. Counsel submits that in the notification petitioner

         No.1 is at serial No.36, petitioner No.2 is at serial No.11,

         petitioner No.3 is at serial No.13 and petitioner No.4 is at serial

         No.8. Counsel submits that their services were confirmed by

         virtue of notification No.245 dated 05.03.2024 (Annexure-P2),

         in which petitioner No.1 has been shown at Serial No.25,

         petitioner No.2 has been shown at serial No.11, petitioner No.3

         has been shown at serial No.14 and petitioner No.4 has been

         shown at serial No.9. Counsel submits that similarly situated

         persons were granted promotion to the post of Associate

         Professor in spite of the fact that they were appointed on the

         post of lecturer and services were confirmed by virtue of same

         notification, but petitioners were not promoted. Counsel submits

         that in this regard several representations were filed, which is

         annexed as Annexure-P4, but nothing happened. Counsel

         submits that on their representations no decision have been

         taken by the concerned respondent.
             Patna High Court CWJC No.4931 of 2026 dt.02-04-2026
                                                        3/3




                                  4. Counsel for the State submits that he has not

                      received any instruction in this matter but from the pleadings

                      made by the petitioners it transpires that no decision has been

                      taken.

                                  5. In the light of the submissions made by the parties,

                      this Court without entering into the merit and demerit of the

                      case, hereby directs the petitioners to file fresh representation

                      along with a copy of this order within 30 days from today before

                      respondent No.2, the Secretary, Health Department, Bihar,

                      Patna, and respondent No.2, the Secretary, Health Department,

                      Bihar, Patna, shall decide the representation of the petitioners

                      within 90 days thereafter.

                                  6. With the aforesaid direction, this writ petition is

                      disposed off.


                                                                   (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.04.2026
Transmission Date


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.