Patna High Court
Ishwarchand MarandiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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
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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
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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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