Patna High Court
Rakesh Kumar PritamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the appointment issue is already settled by earlier judgments and therefore the petition cannot be granted, directing a fresh representation instead.
Summary
A group of petitioners filed a writ petition seeking appointment to Grade‑IV posts in Bhagalpur district, alleging they were excluded from the selection panel while junior candidates were appointed. They claimed to have made representations in 2018 and 2025. The State argued that the issue had already been decided in Kapil Kumar v. State of Bihar (C.W.J.C. No. 18612 of 2019) and reiterated in Mantu Kumar v. State of Bihar (L.P.A. No. 1183 of 2023). The Court, without examining the merits, held that the matter is governed by the earlier decisions and therefore could not grant the relief sought. Instead, the Court directed the petitioners to file a fresh representation within 30 days before the District Magistrate, who must issue a reasoned order within 90 days, applying the settled law. The writ petition was consequently disposed.
Issues considered
- Whether the petitioners are entitled to be appointed to Grade‑IV posts in Bhagalpur district.
- Whether the Court can grant writ relief when the issue has been previously settled by precedent.
- Whether the petitioners' prior representations suffice or a fresh representation is required.
Subjects
- writ petition
- appointment
- Grade‑IV
- administrative law
- representation
- precedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5750 of 2026
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1. Rakesh Kumar Pritam S/o-Suresh Prasad Singh, R/o and P.O-Bamdeo, P.S-
Rajaun, District-Banka.
2. Sarda Kumar, D/o-Anirudh Sharma, R/o and P.O-Mauri, P.S-Khanpura
Khirimore, District-Patna.
3. Pratima Kumari, D/o-Bachu Sharma, R/o-Neria, P.O-Chiksi, P.S-Sigori,
District-Patna.
4. Narendra Kumar, S/o-Bhubneshwar Sharma, R/o-Hajampur, P.O-Pumdoul
P.S-Sakurabad, District-Jahanabad.
5. Brejesh Kumar, S/o-Vijay Sharma, R/o andP.O-Aira, P.S-Sakurabad,
District-Jahanabad.
6. Amrita Kumari, D/o-Late Shyamanandan Sharma, R/o and-Tejbigha, P.S-
Kako, District-Jahanabad.
7. Saurav Kumar, S/o-Surendra Kumar, R/o-Ankkopur, P.O- Paibigaha P.S-
Makhdumpur, District-Jahanabad.
8. Ranjit Kumar, S/o-Nandeo Singh, R/o-Raja Bazar Road No.-5, P.S-Satsang
Nagar, District-Jahanabad.
9. Uttam Kumar, S/o-Late Akhilesh Sharma, R/o and P.OandP.S-Gadhpura,
Distt.-Begusarai.
10. Pankaj Kumar, S/o-Nagendra Sharma, R/o-Hajampur, P.O-Padaul, P.S-
Sakurabad, District-Jahanabad.
11. Randhir Kumar, S/o-Ramkishor Prasad Singh, R/o and P.O-Amain, P.S-
Parasbigha, District-Jahanabad.
12. Ravindra Kumar, S/o-Lalan Prasad, R/o-Ibrahimpur, P.S and P.O-Sakurabad,
District-Jahanabad.
13. Ranjan Kumar, S/o-Ramkishor Prasad Singh, R/o and P.O-Amain, P.S-
Parasbigha, District-Jahanabad.
14. Rambha Kumari, D/o-Ram Surith Singh, R/o and P.O-Kharasin, P.S-Karpi,
District-Arwal.
15. Santosh Kumar, S/o-Kamlesh Singh, R/o and P.O-Manjhos, P.S-Manjhos,
District-Jahanabad.
16. Rausan Kumar, S/o-Upendra Prasad, R/o-Vivekanand Colony, P.S-Tekri,
District-Gaya.
17. Sadhana Kumari, D/o-Ramesh Sharma, R/o-Rasalpur, P.O-Utarwa, P.S-
Alipur, District-Gaya.
18. Kuldeep Pandit, S/o-Late Jangali Pandit, R/o-Laluchak, P.O and P.S-
Ishakchak, District-Munger.
19. Komal Kumari, D/o-Chandan Pathak, R/o and P.O-Sahpur, P.S-Chiriya
Bariyapur, District-Begusarai.
20. Chandrashekhar Azad, S/o-Adeya Nand Singh, R/o-Aahiapur, P.O-
Sakrchauk P.S-Arwal, Distt-Arwal 20.
Patna High Court CWJC No.5750 of 2026(2) dt.20-04-2026
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21. Pravin Kumar, S/o-Anil Sharma, R/o-Barahi, P.O-Dichuri, P.S-Goh, District-
Aurangabad.
22. Satyendra Kumar, S/o-Manoj Kumar, R/o-Sareya, P.O-Sikandarpur P.S-
Sakurabad, District-Jahanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through The Secretary Personal and Administrative
Reforms Department, Old Secretariate, Patna.
2. The Commissioner Bhagalpur Division, Bhagalpur.
3. The District Magistrate, Bhagalpur.
4. The Deputy Collector, Establishment, Bhagalpur, District-Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratap Sharma, Advocate
For the State : Mr. Saroj Kr. Sharma (AC to AAG-3)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. Learned counsel for the petitioners submit that the
present writ petition has been filed for issuance of an
appropriate writ/writs, order/orders, direction/ directions to
appoint the petitioners on Grade-IV posts in Bhagalpur District
by including the name of the petitioners in the panel which has
been prepare for appointment on Grade-IV post in District of
Bhagalpur whereby and whereunder juniors to the petitioners
have been appointed on Grade-IV post from the aforesaid panel
but the petitioners have been denied for the same without any
Rhyme and Reasons and For issuance of any other relief or
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relief(s) for which the petitioners are entitled for the case.
3. Learned counsel for the State raised preliminary
objection and submits that the issues relating to appointment on
the post of Class-IV has already been settled by virtue of the
case of Kapil Kumar & Ors. Vs. The State of Bihar & Ors. in
C.W.J.C. No. 18612 of 2019 with other analogous cases, which
was subsequently challenged in L.P.A. No. 1183 of 2023
(Mantu Kumar Vs. The State of Bihar & Ors.) with other
analogous cases. And now, the relief which the petitioners are
praying cannot be granted.
4. Learned counsel for the petitioners submit that the
petitioners have filed representation vide Annexure-P/9 in the
year 2025 and some representations in the year 2018.
5. This Court without entering into the merit or
demerit of the case only of the view that the issue relating to
appointment of Class-IV employees has already been settled in
C.W.J.C. No. 18612 of 2019 in case of Kapil Kumar & Ors.
(supra) and also in L.P.A. No. 1183 of 2023 in case of Mantu
Kumar (supra). But, since there is no order on the
representation of the petitioners, therefore, this Court hereby
directs the petitioners to file a single fresh representation within
30 days from today before the District Magistrate, Bhagalpur
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(Respondent no. 3). Upon receipt of the same, the Respondent
no. 3 shall pass a reasoned and speaking order on their
representation, within 90 days thereafter.
6. The District Magistrate, Bhagalpur (Respondent no.
3) shall take into consideration that this Court has not applied its
mind either on merit or demerit of the case, but only observes
that this issue has already been settled in the light of the
decision mentioned above. Therefore, at the time of passing
order, the law which has been settled must be followed.
7. Accordingly, this writ petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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