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Patna High Court

Alok KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioners to file representations within one month and the Vice‑Chancellor to dispose of them within three months, with a reasoned order, thereby disposing of the writ application.

Summary

The petitioners, a group of non‑teaching staff of Jai Prakash University, filed a writ petition seeking mandamus for promotion from Lower Division Clerk to Upper Division Clerk, payment of Head Assistant salary, and preparation of a fresh seniority list. They also requested that the university consider their representations within a fixed time. The State of Bihar and the university did not oppose the limited relief sought. The Court, noting the procedural nature of the prayer, granted the petitioners liberty to file separate representations within one month and directed the Vice‑Chancellor to dispose of those representations within three months, issuing a reasoned order. If the representations merit the relief, the university must implement it within an additional three months. The writ application was disposed of with these directions, and any pending interlocutory applications were deemed disposed of.

Issues considered

  • Whether the petitioners are entitled to promotion and associated salary benefits under university service rules
  • Whether the Court can issue a writ of mandamus directing the university to consider the promotion cases
  • Whether the Court can direct the filing of representations and prescribe timelines for disposal by the Vice‑Chancellor

Subjects

  • writ jurisdiction
  • mandamus
  • promotion
  • seniority list
  • public university
  • administrative law
  • procedural direction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5779 of 2026
     ======================================================
1.    Alok Kumar Son of Late Chandra Kishore Yadav, Resident of Village-
      Dahiyawan, P.S- Chapra Sadar, District- Saran at Chhapra.
2.   Abhay Ranjan Singh, Son of Late Birendra Kumar Singh, Resident of
     Village- Gurukul Mehiya, P.S.- Chapra Muffasil, District- Saran at Chhapra.
3.   Rashmi, Wife of Pankaj Kumar Singh, Resident of- Bhagwan Bazar, P.S.-
     Bhagwan Bazar Thana, Chhpara, Pin- 841301.
4.   Sanjay Kumar, Son of Shivajee Rai, Resident of Jagdamba Road, Purvi
     Dahiyawan, P.S.- Chapra Muffasil, District- Saran at Chhapra.
5.   Kumar Vishwa Vibhuti, Son of Prabhat Kumar Thakur, Resident of Arya
     Samaj Path, Sahebganj, P.S.- Town Thana Chapra, District- Saran at
     Chhapra.
6.   Devesh Rai, Son of late Deo Nath Rai, Resident of Mohalla- Mubarak Lane,
     Mahmood Chawk, Dev Chandra Sansar, Saran P.S.-Town Thana, Sahebganj,
     District- Saran at Chhapra.
7.   Raj Kumar Rai, Son of Prayojan Rai, Resident of Dahiyawan, Umanath
     Mandir, P.S.- Town Thana Chapra, District- Saran at Chhapra.
8.   Binod Kumar Rai, Son of Ravindra Rai, Resident of Suratpur, Doriganj
     Kotwapatti, P.S- Chappra Muffasil, District- Saran at Chhapra.
9.   Manisha, Wife of Priyadarshi, Resident of Ward No. 10, Kashi Bazar
     Chowk, Mandir Ke Samne, Chhapra, Chhapra, Saran, Bihar.
10. Raj Kumar, Son of Late Chandadev Bhagat, Resident of Village- Paroo
    Pakauri urf Lalu Chapra, P.S- Paroo, P.O- Lalu Chapra, District- Chhapra.
11. Kumar Anurag, Son of B.N.K. Shrivastava, Resident of Mohalla- Professor
    K.N. Sinha, Adhiwakta Nagar, Ward No. 14, Gopalganj, P.S.- Gopalganj,
    P.O.- Gopalganj, District- Gopalganj.
12. Arbind Kumar, Son of Late Dharmnath Singh, Resident of Uttari Dahiyawan
    Tola, P.O- Sahebganj, Chapra (H.P.O), P.S.- Nagar Thana Chapra, Dahiawan,
    Saran, Chapra, Bihar, Pin- 841301.
13. Shashi Kant, Son of Late Ram Vilas Prasad Yadav, Village- Bishahi, P.O.-
    Mastichak, P.S.- Dariyapur, District- Saran at Chapra.
14. Purnenand Mishra, Son of Sacchhinand Mishra, Resident of Lakhibaug,
    P.O.- Buniyadganj, P.S.- Mufassil, District- Gaya, Pin- 823003.
                                                                ... ... Petitioner/s
                                       Versus
1. The State of Bihar through the Additional Chief Secretary, Education
    Department, Government of Bihar, New Secretariat, Patna.
2.   The Additional Chief Secretary, Education Department, Government of
     Bihar, New Secretariat, Patna.
3.   The Jai Prakash University, Saran, Chapra through the Registrar P.S. Chapra
     Saran.
4.   Vice-Chancellor, Jai Prakash University, P.S. Chapra Saran, Chapra.
5.    Registrar, Jai Prakash University, P.S. Chapra Saran, Chapra.
                                                                ... ... Respondent/s
     ======================================================
     Appearance :
         Patna High Court CWJC No.5779 of 2026(2) dt.23-04-2026
                                                      2/4




                 For the Petitioner/s    :          Mr. Sanjeev Kumar Mishra, Sr. Adv
                                                    Ms. Adya Pandey, Adv
                                                    Mr. Shubham Kumar Upadhyay, Adv
                 For the State           :          Mr. Standing Counsel (15)
                 For the J.P.U.          :          Mr. Bindhyachal Rai, Adv
                                                    Mr. Chandan Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER
2   23-04-2026                      Heard learned counsel for the petitioners, learned

                   counsel for the J.P. University and learned counsel for the

                   respondent-State.

                                  2. With the consent of both the parties, this writ

                   application is being disposed of at this stage itself.

                                  3. In the present writ application, the petitioners have

                   prayed for the grant of following reliefs:

                                                         “(i)     For     issuance       of    an
                                             appropriate writ in the nature of mandamus
                                             commanding the respondent authorities to
                                             consider the case of the petitioners for
                                             promotion from the post of Lower Division
                                             Clerk to Upper Division Clerk (Assistant)
                                             with    effect     from    due   date      with   all
                                             consequential benefits.
                                                         (ii) For issuance of an appropriate
                                             writ to pay the salary of Head Assistant to
                                             petitioner no. 9 who is discharging the duty
                                             of Head Assistant on ad-hoc basis in
                                             absence of regular promotion since 2013
                                             and further prayer to consider the case of
                                             petitioner no. 9 who has been serving on the
                                             post of Head Clerk, which cannot be said to
Patna High Court CWJC No.5779 of 2026(2) dt.23-04-2026
                                            3/4




                                  be a time-gap arrangement.
                                               (iii)     For   direction   upon   the
                                  respondent authorities to prepare a fresh
                                  seniority list of the non-teaching staffs
                                  employed in the University.
                                               (iv)      For   any   other   writ(s),
                                  order(s), directions(s) that Your Lordship
                                  may deem fit and appropriate.”


                      4. After advancing some argument, learned counsel

          for the petitioners submits that for seeking the aforesaid reliefs,

          the petitioners are prepared to file separate representations

          before the Vice-Chancellor, Jai Prakash University, Saran,

          Chapra and further prays that an appropriate direction be issued

          by this Court to the Vice-Chancellor, Jai Prakash University,

          Saran, Chapra to dispose of the representations filed by the

          petitioners within a fixed time frame, after giving an opportunity

          of hearing to the petitioners.

                      5. To the aforesaid prayer being made by learned

          counsel for the petitioners, learned counsel for respondent-State

          and learned counsel for the respondent-University do not have

          any objection.

                      6. Considering the limited nature of prayer being

          made by learned counsel for the petitioners, this writ application

          is disposed of granting liberty to the petitioners to file separate
          Patna High Court CWJC No.5779 of 2026(2) dt.23-04-2026
                                                      4/4




                    representations       before     the Vice-Chancellor,   Jai   Prakash

                    University, Saran, Chapra within one month from the date of

                    this order. If such representations are filed by the petitioners

                    within the stipulated time then the Vice-Chancellor, Jai Prakash

                    University, Saran, Chapra is directed to dispose of the same

                    within a period of three months from the date of receipt of the

                    representations, after giving an opportunity of hearing to the

                    petitioners. Needless to emphasize that the final order which

                    shall be passed by the Vice-Chancellor, Jai Prakash University,

                    Saran, Chapra should be a reasoned and speaking order. In case,

                    the petitioners are found entitled to the relief which they would

                    be claiming through the representations, the same should be

                    extended to the petitioners within a further period of three

                    months from the date of passing of the final order by the Vice-

                    Chancellor, Jai Prakash University, Saran, Chapra.

                                7. With the aforesaid observation/direction and liberty

                    granted, this writ application is disposed of. All pending

                    interlocutory application(s), if any, shall also be deemed to have

                    been disposed of.



                                               (Alok Kumar Sinha, J)
kiran/-
U


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