Patna High Court

Mukesh Kumar SahaniversusThe State of Bihar

Decided: 2 April 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The petition is disposed, directing the petitioners to file a detailed representation before the District Magistrate, who shall pass a reasoned order and, if the cases are similar, apply Clause 4C of the Bihar State Litigation Policy, 2011.

Summary

The petitioners, a group of ten applicants, filed a writ petition seeking a mandamus directing the State of Bihar to consider them for the Home Guard panel vacancies in Siwan district as per Advertisement No.2 of 2011. They claimed to have been found suitable, placed on the merit list, and to have cleared physical tests, yet were not considered by the Home Guard District Commandant. Relying on earlier judgments (CWJC No.159 of 2018 and CWJC No.4259 of 2025), they argued that the respondents should be compelled to appoint them. The State counsel argued that no counter‑statement was filed and suggested the matter be dealt with by the District Magistrate. The Court disposed of the petition, ordering the petitioners to file a detailed representation before the District Magistrate within 30 days, who must then issue a reasoned order and, if the cases are similar, apply Clause 4C of the Bihar State Litigation Policy, 2011 within 90 days, subject to vacancy availability.

Issues considered

Whether the petitioners are entitled to be considered for the Home Guard vacancies under Advertisement No.2 of 2011.
Whether the High Court should issue a mandamus directing the respondent authorities to appoint the petitioners.
Whether the petitioners must first approach the District Magistrate for a reasoned order before any court‑directed appointment.

Subjects

Home Guard recruitment
mandamus
administrative law
Bihar State Litigation Policy 2011
vacancy
district magistrate
merit list

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA

                     Civil Writ Jurisdiction Case No.670 of 2025

     ======================================================
1.    Mukesh Kumar Sahani Son of Ram Avatar Sahani Resident of Village -
      Mairi Tand, P.O. - Dumarhar, P.S. - Guthani, District - Siwan
2.   Pramod Kumar Sahani Son of Sarvjeet Sahani Resident of Village - Mairi
     Tand, P.O. - Dumarhar, P.S. - Guthani, District - Siwan.
3.   Govind Rajbhar Son of Nagina Rajbhar Resident of Village- Mairi Tand,
     P.O. , Dumarhar, P.S. - Guthani, District - Siwan.
4.   Akshay Kumar Yadav Son of Baijnath Yadav Resident of Village- Mairi
     Tand, P.O. - Dumarhar, P.S. - Guthani, District - Siwan.
5.   Pankaj Singh Son of Late Mahatam Singh Resident of Village- Mairi Tand,
     P.O.- Dumarhar, P.S. - Guthani, District - Siwan.
6.   Roshan Gond Son of Suresh Gond Resident of Village- Mairi Tand, P.O.-
     Dumarhar, P.S. - Guthani, District - Siwan.
7.   Satya Prakash Patel Son of Vishnudev Patel Resident of Village - Baudi,
     P.O. and P.S.- Guthani, District - Siwan.
8.   Sunil Kumar Yadav Son of Shobha Yadav Resident of Village- Bihari
     Bujurg, P.O. and P.S. Guthani, District - Siwan.
9.   Ashok Yadav Son of Ramji Yadav Resident of Village - Mairi Tand, P.O. -
     Dumarhar, P.S. Guthani, District - Siwan.
10. Durgesh Kumar Son of Uma Shankar Yadav Resident of Village- Basuhari,
    P.O.- Balua, P.S. Guthani, District - Siwan.

                                                                 ... ... Petitioner/s

                                        Versus


1.   The State of Bihar through the Principal Secretary, Department of Home,
     Govt. of Bihar, Patna.
2.   The Director General of Police, Govt. of Bihar, Patna
3.   The Director General, Home Guards, Govt. of Bihar, Patna.
4.   The District Magistrate, Siwan.
5.   The Superintendent of Police, District - Siwan.
6.   The District Commandant, Home Guard, Siwan, District Siwan.

                                                               ... ... Respondent/s

     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Bijay Prakash Singh, Advocate
     For the Respondent/s   :      Mr. Government Pleader (27)
     ======================================================
Patna High Court CWJC No.670 of 2025 dt.02-04-2026
                                           2/4




       CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
       ORAL JUDGMENT
       Date : 02-04-2026


                      Heard learned Counsel for the petitioners and

         learned Counsel for the State.

                      2. The present writ petition has been filed by the

         petitioners for issuance of a writ in the nature of mandamus

         directing the respondent authorities to consider the case of the

         petitioners to select as Home Guard Panel in the district of

         Siwan, in therms of Advertisement No.02 of 2011 dated

         30.07.2011.

                      3. Learned Counsel for the petitioners submits that

         petitioners were appeared in the selection process for the post

         of Home Guard in Advertisement No.2 of 2011 dated

         30.07.2011. They were found suitable and name of all the

         petitioners figured in the merit list. They have also appeared

         in physical and other tests, but till now they were not

         considered by respondent No.6. Counsel submits that there

         are still nine vacant seats available in the district of Siwan.

         Counsel submits that this Hon’ble Court in CWJC No.159 of

         2018 along with analogus cases and in CWJC No.4259 of

         2025 pleased to direct the respondent authorities to consider
Patna High Court CWJC No.670 of 2025 dt.02-04-2026
                                           3/4




         the case of the respective petitioners. Counsel submits that

         the case of the present petitioner is exactly similar to those

         cases.

                      4. Learned counsel for the State submits that counter

         has not been received and at this juncture he rested himself to

         argue anything on merit, but he fairly submits that case may

         be disposed off for consideration before the respondents that

         in case the petitioners’ case is exactly similar to those cases,

         then in this matter a decision may be taken by respondent

         No.4, the District Magistrate, Siwan.

                            5. In the light of the submissions made and

         considering those orders annexed in the present writ petition

         as Annexure-P/3, this Court hereby disposed off the writ

         petition     directing      the    petitioners   to   file    a    detailed

         representation        before      respondent     No.4,       the   District

         Magistrate, Siwan, who shall pass a reasoned and speaking

         order with regard to the petitioners upon filing of fresh

         representation by them within 30 days from today.

                            6. If the District Magistrate, Siwan (respondent

         No.4), finds that the case of the petitioners are exactly similar

         to the case of those petitioners then he shall follow Clause 4C

         of the Bihar State Litigation Policy, 2011 and following the
             Patna High Court CWJC No.670 of 2025 dt.02-04-2026
                                                        4/4




                      guidelines made in the litigation policy shall take decision in

                      accordance with law subject to availability of vacancy within

                      90 days from today.




Mkr./-
                                                                  (Dr. Anshuman, J)
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.04.2026
Transmission Date

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