Patna High Court
Dr. Mritunjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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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