Patna High Court
Rajan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court declined to grant the writs and disposed of the petition, granting the petitioner liberty to challenge the promotion order before the appropriate authority.
Summary
The petitioner, a Lower Division Clerk, filed a writ petition challenging promotion orders (memo nos. 1028, 1029 and 1030) on the ground that the authorities ignored the seniority guidelines issued in General Administration Department memo no. 11772 dated 20‑06‑2023. He alleged that more junior clerks were promoted to the post of Head Clerk while he, being senior, was omitted, constituting an arbitrary and illegal action. The respondents argued that the petitioner’s representation had been considered and rejected by the Divisional Screening Committee on 21‑12‑2023. After hearing both sides, the Court did not grant the reliefs of certiorari or mandamus and disposed of the writ application, but granted the petitioner liberty to approach the appropriate authority for redress. Consequently, the promotion orders were not set aside by the Court.
Issues considered
- Whether the promotion orders issued under memo nos. 1028‑1030 were arbitrary and violative of the seniority guidelines of GA Department memo no. 11772.
- Whether the petitioner is entitled to a writ of certiorari or mandamus to quash the promotion orders.
- Whether the decision of the Divisional Screening Committee rejecting the petitioner’s representation can be challenged in this Court.
Subjects
- promotion
- seniority
- writ of certiorari
- mandamus
- administrative law
- Bihar education department
- arbitrary order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.69 of 2025
======================================================
Rajan Kumar, Son of Late Umakant Tiwari, Resident of Mohalla-
Sachidanand Nagar, Near Aero Drum, Police Station- Tilka Manjhi, District-
Bhagalpur. At present posted and working as a Lower Division Clerk in the
office of the District Education Officer, Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar.
2. The Additional Chief Secretary-cum-Principal Secretary, Education
Department, Govt. of Bihar, Patna.
3. The Secretary, Education Department, Govt. of Bihar, Patna.
4. The Director, Secondary Education, Education Department, Govt. of Bihar,
Patna.
5. The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur.
6. The District Education Officer, Bhagalpur-cum-the Chairman, Screening
Committee Divisional Promotional Committee, Bhagalpur.
7. The District Education Officer, Bhagalpur.
8. The District Programme Officer (Establishment), Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Umesh Kumar Mishra, Advocate
For the Respondents : Mr. Ajay Behari Sinha, GA-8
Mr. Neeraj Raj, AC to GA-8
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs :-
“I. For issuance of an appropriate
writ in the nature of certiorari for quashing the
promotion order contained in memo nos. 1028,
1029 and 1030 issued under the signature of the
Regional Deputy Director of Education,
Patna High Court CWJC No.69 of 2025(4) dt.19-02-2026
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Bhagalpur Division, Bhagalpur, by which, in a
most arbitrary manner, the guidelines contained
in memo no. 11772 dated 20.06.2023 issued by
the General Administration Department, Govt. of
Bihar, which is with regard to seniority of the
employees transferred on their own request has
been decided, has not at all been considered and
the petitioner even though being senior to some
of the clerks, who have been promoted on the
post of Head Clerk vide memo no. 1029 dated
25.12.2023, has arbitrarily been left out, which
is clearly goes to show that there are mass
irregularities in the aforesaid promotion orders
whereby the guidelines of the General
Administration, Bihar, Patna, which has been
followed in other Divisions of the State of Bihar
and in the Collectorate of Bhagalpur, Patna,
Nalanda, Gopalganj, Buxar and Other districts
for deciding the seniority, has not at all been
considered in the aforesaid promotion orders.
II. For issuance of an appropriate
writ in the nature of mandamus for commanding
and directing the respondent authorities
concerned to consider and redress the genuine
grievance of the petitioner for his promotion on
the post of Head Clerk by deciding the seniority
in terms of memo no. 11772 dated 20.06.2023
issued by the General Administration
Department, Govt. of Bihar with retrospective
effect when other similarly situated clerks of
divisional cadre, Bhagalpur Division, have been
promoted on the post of Head Clerk along with
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all consequential benefits.
III. For issuance of an appropriate
writ as an alternative prayer of the petitioner to
dispose of the representation of the petitioner,
which is with regard to his promotion on the post
of Head Clerk in the Bhagalpur Division, by
reasoned and speaking order by ventilating his
genuine grievance for his promotion on the said
post of Head Clerk as juniors to him has been
promoted on the post of Head Clerk whereas, the
petitioner has arbitrarily been left out by
calculating his seniority from the date of his
joining on transferred post which is completely
against the aforesaid letter of the General
Administration Department, Govt. of Bihar
contained in memo no.11772 dated 20.06.2023.
IV. For issuance of any other
appropriate writ/writs, order/orders, direction/
directions for which the petitioner will be found
entitled in the facts and circumstances of the
case.”
3. At the outset, it is submitted by learned counsel for
the respondents that the representation/petition of the petitioner
was considered by the Divisional Screening Committee, who
having considered the case of the petitioner, rejected the same in
their meeting held on 21.12.2023, a copy of which has been
brought on record as annexure to the counter affidavit filed on
behalf of the Regional Deputy Director of Education, Bhagalpur
Division, Bhagalpur (respondent no.5).
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4. After some argument learned counsel for the
petitioner seeks liberty to challenge the said order in accordance
with law before the appropriate authority.
5. The writ application stands disposed of with the
aforesaid liberty.
(Partha Sarthy, J)
avinash/-
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