Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
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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
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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
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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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