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Patna High Court

Raj Kumar MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed with a direction to the University to examine the petitioner’s case and, if it falls within the earlier decision, to grant the same promotion; otherwise to issue a reasoned order within three months.

Summary

Petitioner Raj Kumar Mahto, a Grade III employee of R.K. College, filed a writ petition seeking promotion, contending that his case falls within the ambit of two earlier Patna High Court decisions (CWJC No.8532 of 2008 dated 19‑07‑2011 and CWJC No.18985 of 2017 dated 16‑02‑2018) which granted promotion to similarly situated employees. The respondents – the State of Bihar and officials of L.N. Mithila University – argued that any benefit must be verified by the University. The Court examined the submissions and, relying on the earlier judgments, directed the University to scrutinise the petitioner’s case and, if it is found to be covered by the 2011 decision, to grant the same promotion. If the University finds factual or legal distinctions, it must issue a reasoned order within three months. The writ petition was consequently disposed of, with the pending interim applications deemed disposed.

Issues considered

  • Whether the petitioner is entitled to promotion on the same basis as employees in CWJC No.8532 of 2008 and CWJC No.18985 of 2017.
  • Whether the University must extend the same relief to the petitioner or issue a separate reasoned order.

Subjects

  • promotion
  • service matters
  • writ jurisdiction
  • public service
  • higher education
  • administrative law
  • precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.569 of 2026
                 ======================================================
                 Raj Kumar Mahto S/o Late Surya Narayan Mahto, resident of - Vaishnabi
                 Colony, R.K. College Gate, Ward No. 11, Matri Niketan, District-Madhubani.
                 Presently posted as Grade III employee at R.K. College, Madhubani.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department, Govt. of Bihar,
                 Patna.
           3.    The Director, Higher Education, Education Department, Govt. of Bihar,
                 Patna.
           4.    The Vice Chancellor, L.N. Mithila University, Darbhanga.
           5.    The Registrar, L.N. Mithila University, Darbhanga.
           6.    The Finance Officer, L.N. Mithila University, Darbhanga.
           7.    The Principal, Ram Krishna College, Madhubani.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Shashi Bhushan Singh, Adv.
                 For the Respondent/s   :       Mr. Swapnil Kumar Singh, AC to GP-19
                                                Mr. Kinkar Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   22-01-2026                 Heard learned counsel for the petitioner, learned

                   counsel for the respondents-State and learned counsel for

                   respondent University.

                               2. Learned counsel for the petitioner submits that the

                   case of the petitioner is squarely covered by a decision of this

                   Court dated 19.07.2011 passed in CWJC No.8532 of 2008

                   (Annexure-P/11). He further submits that relying upon the order

                   dated 19.07.2011 passed in CWJC No.8532 of 2008 another

                   similar matter was disposed of vide order dated 16.02.2018
Patna High Court CWJC No.569 of 2026(2) dt.22-01-2026
                                            2/3




          passed in CWJC No.18985 of 2017 (Annexure-P/12) and he

          also submits that the petitioner of CWJC No.18985 of 2017 has

          been granted the relief of promotion from his due date.

                      3. Learned counsel for the University submits that the

          aforesaid submission made by the learned counsel for the

          petitioner shall be verified by the University at its end and if the

          petitioner is found to be similarly situated as the petitioner of

          CWJC No.18985 of 2017, then the same benefit shall be

          extended to the petitioner.

                      4. Considering the submission of learned counsel for

          the petitioner that the case of the petitioner is covered by the

          decision of this Court dated 19.07.2011 passed in CWJC

          No.8532 of 2008, which has been further relied upon while

          disposing of the writ application CWJC No.18985 of 2017, the

          present writ petition is also disposed of with a direction to the

          University to examine the case of the petitioner and if it is found

          that the case of the petitioner is covered by the decision of this

          Court dated 19.07.2011 passed in CWJC No.8532 of 2008 as

          contained in Annexure-P/11, similar treatment should be given

          to this petitioner also.

                      5. In the event the University finds the case of the

          petitioner distinguishable on facts and law, the University will
          Patna High Court CWJC No.569 of 2026(2) dt.22-01-2026
                                                      3/3




                    pass reasoned and speaking order within a maximum period of

                    three months from the date of receipt/production of a copy of

                    this order.

                                  6. With the aforesaid observation and direction the

                    writ application stands disposed of. All pending I.As, if any

                    shall be deemed to have been disposed of.


                                            (Alok Kumar Sinha, J)

Prakash Narayan
U


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