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Patna High Court

Dr. Mritunjay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A writ of mandamus cannot be entertained unless the petitioner first makes a representation to the concerned authority.

Summary

Dr. Mritunjay Kumar, a veterinary officer, filed a writ petition seeking to extend the Dynamic Assured Career Progression (DACP) benefits to veterinary doctors, arguing that their exclusion violated Articles 14 and 16 of the Constitution. The petition also requested a declaration that veterinary doctors are on par with MBBS, Dental, and AYUSH doctors and an amendment to the Bihar Veterinary Service Rules, 2014. The State raised a preliminary objection that a representation to the concerned authority is a prerequisite for a writ of mandamus, which the petitioner had not filed. The Patna High Court held that without such representation the court cannot entertain the writ and directed the petitioner to first make a representation before returning to the court. Consequently, the petition was disposed without being heard on its merits.

Issues considered

  • Whether the exclusion of veterinary doctors from DACP violates Articles 14 and 16 of the Constitution.
  • Whether a writ of mandamus can be issued in the absence of a prior representation to the concerned authority.

Subjects

  • Dynamic Assured Career Progression
  • service benefits
  • constitutional law
  • Articles 14
  • Articles 16
  • mandamus
  • public service
  • veterinary doctors

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5299 of 2026
                 ======================================================
                 Dr. Mritunjay Kumar S/o Anil Prasad Singh, R/o Sonapur Dih, Hanshpur,
                 Sonapur Dih, Sonapur, Begusarai, Bihar 851129, presently posted as Touring
                 Veterinary Officer under the Department of Animal Husbandry and Fisheries,
                 Government of Bihar.

                                                                               ... ... Petitioner/s

                                                        Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Animal Husbandry and Fisheries Department,
                 Government of Bihar.
           3.    The Principal Secretary, Finance Department, Government of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mrs. Archana Sinha, Sr. Advocate
                                                 Mr. Alok Shahi, Advocate
                                                 Mr. Akshat Arghya, Advocate
                 For the Respondent/s   :        Mr. Government Advocate (7)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   09-04-2026                   Heard learned Senior counsel for the petitioner and

                   learned counsel for the State.

                                 2. The present writ petition has been filed for the

                   following relief/s:-

                                        “I. For issuance of appropriate writ(s),
                                        order(s), direction(s), including a writ in the
                                        nature     of     Mandamus,       commanding         the
                                        Respondents to extend the benefit of Dynamic
                                        Assured Career Progression (DACP) to
                                        Veterinary          Doctors      at         par     with
                                        MBBS/Dental/AYUSH Doctors of the Bihar
Patna High Court CWJC No.5299 of 2026(2) dt.09-04-2026
                                            2/3




                                Health       Service,    and     for     consequential
                                benefits.
                                II. For issuance an appropriate writ, order, or
                                direction,        declaring    that    the   Veterinary
                                Doctors are at par with MBBS, Dental, and
                                AYUSH Doctors serving under the Bihar
                                Health Service, and consequently directing the
                                Respondents to extend to them all equivalent
                                service benefits in all matters relating to
                                service conditions, forthwith and in future.
                                III. To Declare the exclusion of Veterinary
                                Doctors from DACP as unconstitutional and
                                violative of Articles 14 and 16 of the Indian
                                Constitution.
                                IV. To Direct the Respondents to amend the
                                Bihar Veterinary Service Rules, 2014 to
                                incorporate DACP provisions.
                                V. For any other relief or reliefs to which the
                                petitioner may be found entitled in the facts
                                and circumstances of the case.”


                      3. Learned counsel for the State raised preliminary

          objection and submits that for issuance of writ of mandamus,

          representation is necessary, and the said representation is

          lacking in the present writ petition.

                      4. In this view of the matter, this Court hereby restrain

          itself to hear anything on merit and directs the petitioner to file

          representation before the concerned authority, and then move
             Patna High Court CWJC No.5299 of 2026(2) dt.09-04-2026
                                                         3/3




                       before this Hon’ble Court.

                                   5. Accordingly, this writ petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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