Patna High Court

Vijay KumarversusThe State of Bihar

Decided: 30 March 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The Court granted permission to the petitioners to pursue their matter before the appropriate industrial forum and disposed of the writ petition.

Summary

A group of Block Project Managers filed a writ petition in the Patna High Court challenging actions of the State of Bihar and various education officials. The petitioners sought the Court's permission to pursue their grievance before the appropriate forum under the Industrial Disputes Act, 1947, now incorporated in the Industrial Relations Code, 2020. The respondents opposed the petition, arguing that the High Court should not entertain the matter. After hearing counsel, the Court held that the petitioners could indeed approach the designated industrial forum for their dispute. Accordingly, the Court granted the permission sought and disposed of the writ petition.

Issues considered

Whether the High Court can grant permission to a petitioner to pursue a dispute in the forum provided under the Industrial Disputes Act/Industrial Relations Code.
Whether the writ petition is maintainable in the High Court or should be transferred to the appropriate industrial forum.

Legislation cited

Subjects

writ petition
industrial disputes
jurisdiction
Industrial Relations Code
High Court
disposal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7396 of 2025
     ======================================================
1.    Vijay Kumar Son of Krishna Singh, resident of village - Gambhirpur Tola,
      Mahua Bhusha, P.O.- Hasua, P.S. - Nautan, District- Siwan. Presently posted
      as Block Projet Manager, BRC and Block - Araria, District- Araria.
2.   Md. Niyaz Alam, Son of Md. Wasim Akhter, resident of village- Kashibari,
     Rauta, P.S. - Rauta, District- Purnia. Presently posted as Block Project
     Manager, BRC and Block- Plasi, District - Araria.
3.   Pranav Kumar Das, Son of- Satish Kumar Das, resident of - Near Middle
     School, Janta Chowk, P.S. - Khajanchi Hat, District - Purnia. Presently
     posted as Block Project Manager, BRC and Block - Bhargama, District -
     Araria.
4.   Shakeb Anwer, Son of- Ishaque Ahmad, resident of Ward No. - 4, Pararia,
     P.S. - Sikti, District - Araria. Presently posted as Block Project Manager,
     BRC and Block - Sikti, District- Araria.
5.   Md. Akmal Hussain, Son of- Abdus Sattar, resident of - Ward No. - 2,
     Rasulpur, Kumaripur, P.S. - Manihari, District- Katihar. Presently posted as
     Block Project Manager, BRC and Block - Jokihat, District- Araria.
6.   Rajan Kumar Bhagat, Son of- Bihari Bhagat, resident of -Digghi, P.S. -
     Mahgama, District- Godda. Presently posted as Block Project Manager,
     BRC and Block- Kochadnaman, District- Araria.
7.   Mubashir Alam, Son of - Mohammad Nazim, resident of village- Manower
     Nagar, P.S. - Kishanganj, District- Kishanganj. Presently posted as Block
     Project Manager, BRC and Block - Pothia, District- Araria.
8.   Md. Nisar Anjum, son of- Md. Mukhtar Alam, resident of village- Sihpur,
     Telta, P.S.. Balrampur, District- Katihar. Presently posted as Block Project
     Manager, BRC and Block- Kishanganj, District- Kishanganj.
9.   Ashish Kumar, son of- Jawahar Das, resident of village- Rampur, P.S.-
     Jankinagar, District Purnia. Presently posted as Block Project Manager, BRC
     and Block-Terhagachh, District- Kishanganj.
10. Md. Abu Ghilman, son of Abul Hasan @ Abdul Hasan, resident of village-
    Domohni, P.O-Shishabari, P.S. Routa, District- Purnia. Presently posted as
    Block Project Manager, BRC and Block- Kochadhaman, District-
    Kishanganj.
11. Saddam Hussain, son of- Ajijur Rahman, resident of village- Bahadurganj,
    P.S. Bahadurganj. District- Kishanganj. Presently posted as Block Project
    Manager, BRC and Block-Terhagachh, District- Kishanganj.
12. Pankaj Kumar, son of- Badri Yadav, resident of village- Jeewachhpur, P.S.-
    Sour Bazar, District-Saharsa. Presently posted as Block Project Manager,
    BRC and Block- Terhagachh, District- Kishanganj.
13. Devendra Kumar @ Dewendra Kumar, son of- Birendra Singh, resident of
    village- Mahanthawa, P.S.- Kateya, District- Kishanganj. Presently posted as
    Block Project Manager, BRC and Block-Pothia, District- Kishanganj.
14. Chandra Bhushan Jaiswal, Son of Rajeshwar Prasad @ Rajeshwar Prasad
    Jaiswal, resident of Ward No. 10, Dilwaraganj, Near Middle School, PS.
Patna High Court CWJC No.7396 of 2025(2) dt.30-03-2026
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        Kishanganj, District- Kishanganj. Presently posted as Block Project
        Manager, BRC, Block and District-Kishanganj.
  15. Rahat Anjum, son of- Badruddoja, resident of Ward No. 2, Sir Syed Nagar
      Kajlamani, P.S. Kishanganj, District- Kishanganj. Presently posted as Block
      Project Manager, BRC and Block- Bahadurganj, District-Kishanganj.
  16. Md. Shamim Akhter, son of- Md. Tamizuddin, resident of village- Birnabari,
      P.O. Taiyabpur, P.S.- Pothiya, District- Kishanganj. Presently posted as
      Block Project Manager, BRC and Block- Thakurganj, District. Kishanganj.
  17. Md. Zaki Ahmad @ Mohammad Zaki Anwar, son of- Mohammad Fakhre
      Alam Hashmi, resident of Near Masjid, Chandel, P.S.- Angarh, District-
      Purnia. Presently posted as Block Project Manager, BRC -Tulsi, Block-
      Tappu, District- Kishanganj, District- Kishanganj.
  18. Md. Tauheed Alam, son of Md Mansoor Alam, resident of - Kathotia Naya
      Tola, P.S- Barari, District Katihar. Presently posted as Block Project
      Manager, BRC-Tulsi, Block-Tappu, District-Kishanganj.
  19. Muntakhab Alam, son of Md. Younus, resident of Kathalbari, P.S.
      Bahadurganj, District-Kishanganj. Presently posted as Block Project
      Manager, BRC and Block-Thakurganj, District- Kishanganj.
  20. Md. Kausar Ishtiyaque, son of Md. Ishaque, resident of village- Ruhia,
      Kashibari, P.S.-Kochadhaman, District- Kishanganj. Presently posted as
      Block Project Manager, BRC and Block Thakurganj, District- Kishanganj.

                                                                 ... ... Petitioner/s
                                         Versus
  1.    The State of Bihar through the Additional Chief Secretary, Department of
        Education, Government of Bihar, Patna.
  2.    The Director, Bihar Education Project Council, Department of Education,
        Government of Bihar, Patna.
  3.    The District Magistrate, District- Araria.
  4.    The District Magistrate, District - Kishanganj.
  5.    The District Education Officer, District - Araria.
  6.    The District Education Officer, District - Kishanganj.
  7.    The District Program Officer, Primary Education and Sarva Siksha Abhiyan,
        Araria.
  8.    The District Program Officer, Primary Education and Sarva Siksha Abhiyan,
        Kishanganj.
  9.    The Block Education Officer, Araria, District- Araria.
  10. The Block Education Officer, Bhargama, District- Araria.
  11. The Block Education Officer, Kochadnama, District- Araria.
  12. The Block Education Officer, Sikti, District- Araria.
  13. The Block Education Officer, Jokihat, District- Araria.
  14. The Block Education Officer, Kishanganj, District- Kishanganj.
  15. The Block Education Officer, Terhagachh, District- Kishanganj.
         Patna High Court CWJC No.7396 of 2025(2) dt.30-03-2026
                                                     3/3




           16. The Block Education Officer, Pothia, District- Kishanganj.
           17. The Block Education Officer, Bahadurganj, District- Kishanganj.
           18. The Block Education Officer, Thakurganj, District- Kishanganj.
           19. Sinha Decorators, Parsuram Colony, Sandalpur More, Kumhrar, P.S. -
               Guljarbagh, District - Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Anil Kumar Singh, Advocate
                 For the Respondent/s    :        Mr. Additional Advocate General (7)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   30-03-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the State.

                               2. After some arguments, learned counsel for the

                   petitioners seeks permission to pursue the matter before the

                   appropriate forum under the Industrial Disputes Act, 1947 now

                   subsumed under the Industrial Relations Code, 2020.

                               3. Permission as prayed for is granted.

                               4. Accordingly, the present writ petition stands

                   disposed of with the aforesaid liberty.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U

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