Patna High Court
Amarendra Paswan @ Amrendra Paswan @ Amrendra Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioners must file a detailed representation before the District Magistrate, who is required to pass a reasoned order within the stipulated time, and therefore the writ petition is disposed without granting mandamus.
Summary
The petitioners, five residents of Siwan district, applied for selection as Home Guard personnel under Advertisement No. 2 of 2011 and were placed on the merit list after physical and other tests. Despite nine vacancies remaining in the district, the respondents, including the District Magistrate and Home Guard officials, had not considered their applications. The petitioners filed a writ petition seeking a mandamus directing the authorities to appoint them, relying on earlier High Court decisions (CWJC No. 159/2018 and CWJC No. 4259/2025) that had ordered similar consideration. The State argued that no counter‑statement was filed and suggested that the matter be decided by the District Magistrate. The Court, after reviewing the annexed orders, dismissed the writ but directed the petitioners to file a detailed representation before the District Magistrate, who must issue a reasoned order within 30 days and, if the cases are similar, decide under Clause 4C of the Bihar State Litigation Policy, 2011 within 90 days, subject to vacancy availability. Thus, the petition was disposed with directions for further administrative action rather than an immediate mandamus.
Issues considered
- Whether the respondents are legally obligated to consider the petitioners for the Home Guard vacancies under the 2011 advertisement.
- Whether a writ of mandamus is an appropriate remedy in the absence of a specific counter‑statement from the respondents.
- Whether the District Magistrate must pass a reasoned order after receiving a fresh representation from the petitioners.
Subjects
- Home Guard recruitment
- Writ of mandamus
- Administrative law
- Bihar State Litigation Policy
- Vacancy allocation
- District Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7527 of 2025
======================================================
1. Amarendra Paswan @ Amrendra Paswan @ Amrendra Kumar Paswan Son
of Krishna Nath Paswan, Resident of Village Bharauli, P.O. - Dumarhar, P.S.
Guthani, District - Siwan.
2. Kanchan Kumar Sharma Son of Jay Shankar Sharma, Resident of Village
Barapaliya, P.S.- Balua, Block/ P.S. - Guthani, District - Siwan.
3. Akhter Ansari @ Akhtar Ansari Son of Ishahaque Ansari @ Isteyak Ansari
Resident of Village - Barapaliya, P.O. - Balua, Block / P.S. - Guthani,
District - Siwan.
4. Satyanand Chaudhari Son of Srikant Chaudhari, Resident of Village
Barapaliya, P.O. Balua, Block / P.S. Guthani, District - Siwan.
5. Nikhil Kumar Rai Son of Yogendra Rai, Resident of Village Dumarhar
Bujarg, Post Dumarhar Khurd, P.S. - Darauli, 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. Manoj Kumar Ambastha, SC-26
Mr. Santosh Kumar Mishra, AC to SC-26
Mr. Divit Vinod, Ac to SC-26
======================================================
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
Patna High Court CWJC No.7527 of 2025 dt.02-04-2026
2/3
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,
in which 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 are present 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 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 respondent No.4 that in
case the petitioners’ case is exactly similar to those cases, then
Patna High Court CWJC No.7527 of 2025 dt.02-04-2026
3/3
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
Annexures-4 and 5, 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
guidelines made in the litigation policy shall take decision in
accordance with law subject to availability of vacancy within 90
days from today.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.04.2026
Transmission Date
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