Patna High Court
Chandan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that mandamus cannot be issued until the respondent authority decides the petitioner’s pending representation, and instead directed the authority to decide within 90 days.
Summary
The petitioner, Chandan Kumar Singh, filed a writ petition seeking a mandamus directing the Bihar government to implement a recommendation for his appointment under the Outstanding Sportsperson Category as per the Bihar Outstanding Sportsperson Appointment Rules, 2014. He had submitted a representation on 8 January 2026, but the Principal Secretary, General Administration Department, had not taken any decision. The State argued that a counter‑affidavit was required for adjudication. The High Court held that it could not entertain the writ until the concerned authority decides on the pending representation. Consequently, the Court directed the Principal Secretary to decide the representation within 90 days of receipt of the order and disposed of the petition.
Issues considered
- What is the appropriate judicial remedy when a government authority has not yet decided a representation seeking appointment under the Outstanding Sportsperson Category?
Subjects
- writ petition
- mandamus
- appointment
- Outstanding Sportsperson Category
- Bihar Outstanding Sportsperson Appointment Rules, 2014
- administrative law
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6611 of 2026
======================================================
Chandan Kumar Singh C/o- Nand Kishor Singh, Resident of- Bakhtari, Karpi,
Arwal, Bihar- 804401.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
3. Secretary, Sports Department, Government of Bihar, Patna.
4. The Director General cum Chief Executive Officer, Bihar State Sports
Authority, Government of Bihar, Patna.
5. The Director cum Secretary, Bihar State Sports Authority, Government of
Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pulkit Ranjan, Advocate
For the Respondent/s : Mr. Standing Counsel (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance of an appropriate writ, order
or direction, particularly in the nature of
Mandamus, directing the respondents to act
upon and implement the recommendation
contained in Letter No. 646 dated 09.07.2022
issued by the Bihar State Sports Authority and
to grant appointment to the petitioner under
the Outstanding Sportsperson Category as per
Patna High Court CWJC No.6611 of 2026(2) dt.30-04-2026
2/3
Bihar Outstanding Sportsperson Appointment
Rules, 2014;
II. Pass such other order(s) or direction(s) as
may be deemed fit and proper in the interest of
justice. ”
3. Learned counsel for the petitioner submits that the
basis of his relief is the notification contained in Memo No.
16646 dated 04.12.2014 issued by the General Administrative
Department, Government of Bihar. Counsel submits that the
petitioner has filed a representation dated 08.01.2026
(Annexure-P/3) for fulfillment of his grievance, but on his
representation, no decision has been taken by the Principal
Secretary, General Administration Department, Government of
Bihar, Patna (respondent no.2) as yet.
4. Learned counsel for the State submits that filing
counter affidavit is necessary for proper adjudication of this
case.
5. This Court is of the view that at this juncture,
adjudication is not possible until and unless, the respondent
authority shall take decision on the representation of the
petitioner.
6. In this view of the matter, the Principal Secretary,
General Administration Department, Government of Bihar,
Patna High Court CWJC No.6611 of 2026(2) dt.30-04-2026
3/3
Patna (Respondent no.2) is hereby directed to take a decision on
the petitioner’s representation dated 08.01.2026 (Annexure-P/3)
within 90 days from the date of receipt of a copy of this order.
7. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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