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Patna High Court

Ishwarchand MarandiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must first file a fresh representation before the Civil Surgeon‑cum‑Chief Medical Officer, and the writ cannot be entertained otherwise.

Summary

The petitioners, five D.D.T. sprayer workers from Purnea district, filed a writ petition seeking a direction to the State of Bihar to constitute a panel for their appointment to Group‑IV posts with age relaxation as per state policy and earlier court orders. They claimed that a joint representation submitted through their union had not been acted upon. The State argued that the petitioners should file a fresh representation before the Civil Surgeon‑cum‑Chief Medical Officer, Purnea. The Court, without examining the merits, dismissed the writ and directed the petitioners to file a fresh representation within 30 days, after which the respondent must issue a reasoned order within 90 days. Consequently, the petition was disposed of, and the administrative remedy was ordered to be exhausted.

Issues considered

  • Whether the High Court can directly direct the appointment of the petitioners to Group‑IV posts without a fresh representation before the concerned authority.
  • Whether the petitioners must first avail the remedy of filing a fresh representation before the Civil Surgeon‑cum‑Chief Medical Officer.

Subjects

  • age relaxation
  • Group‑IV appointment
  • DDT sprayer workers
  • writ petition
  • administrative remedy
  • Health Department Bihar
  • civil service recruitment

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5933 of 2026
     ======================================================
1.    Ishwarchand Marandi Son of Kamal Kishore Marandi, Resident of Village
      -Kudawaghat, P.O.- Jiyanganj P.S.- K.Ngar, District- Purnea.
2.   Chhotelal Marandi Son of Late Ram Marandi, Resident of Village- Damoli,
     P.S-Meerganj, District-Araria.
3.   Shivlal Marandi Son of Barku Marandi, Resident of Village-Lalit Nagar,
     P.S-Meerganj, District- Purnea.
4.   Tallu Hembram Son of Surelal Hembram, Resident of Village -Pansohi, P.S-
     K.Nagar, District-Purnea.
5.   Shivlal Hembram Son of Surelal Hembram, Resident of Village-Pansohi
     Begana, P.S -K.Nagar, District -Purnea.

                                                                  ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through the Secretary, Health Department, Government
     of Bihar, Patna.
2.   The Secretary-Cum- Commissioner, Health Department Government of
     Bihar, Patna.
3.   The Director, Health Services, Government of Bihar, Patna.
4.   The District Magistrate, Purnea.
5.   The Civil Surgeon-Cum-Chief Medical Officer, Purnea.
6.   The District Malaria Officer, Purnea.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Dhaneshwar Prasad Gupta, Advocate
     For the Respondent/s   :      Mr. Advocate General
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
     Date : 21-04-2026


                  Heard learned Counsel for the petitioners and learned

      Counsel for the State.

                  2. Learned counsel for the petitioners submits that the

      present writ petition has been filed for issuance of a direction to

      the respondent authorities to prepare a panel of the petitioners,
Patna High Court CWJC No.5933 of 2026 dt.21-04-2026
                                           2/3




         who are D.D.T. Sprayer workers under District Purnea, and to

         finalize the said panel for their appointment to Group-IV posts

         after granting age relaxation in accordance with the guidelines

         and policy of the State Government as well as the orders of this

         Hon’ble Court. A further direction has also been sought to the

         respondent       authorities     to     take   consequential   steps   for

         absorption/appointment of the petitioners against vacant Class-

         IV posts under District Purnea.

                     3. Learned counsel for the petitioners further submits

         that for redressal of their grievances, the petitioners had earlier

         submitted a joint representation (Annexure-P/8) through their

         Union, but no decision has been taken thereon till date. Reliance

         has been placed on the judgments of this Hon’ble Court passed

         in CWJC No. 15591 of 2008 and CWJC No. 17637 of 2010

         (Annexures-P/7 and P/8).

                     4. Learned Counsel for the State submits that the

         petitioners may file a fresh representation before Respondent

         No. 5, namely, the Civil Surgeon-cum-Chief Medical Officer,

         Purnea, raising all their grievances as mentioned in the writ

         petition.

                     5. In this view of the matter, this Court, without

         entering into the merits or demerits of the case, disposes off the
             Patna High Court CWJC No.5933 of 2026 dt.21-04-2026
                                                        3/3




                      present writ petition with a direction to the petitioners to avail

                      their remedy by filing a fresh representation before respondent

                      No. 5, the Civil Surgeon-cum-Chief Medical Officer, Purnea,

                      within a period of 30 days from today, raising all their

                      grievances. Upon receipt of such representation, respondent No.

                      5 shall consider the same and pass a reasoned and speaking

                      order in accordance with law within a period of 90 days

                      thereafter.


                                                                   (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.04.2026
Transmission Date


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