Patna High Court
Amlesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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
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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
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