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Patna High Court

Shatrughan DubeyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the matter of extending the petitioner's service is a policy issue and therefore a writ of mandamus cannot be issued, leading to dismissal of the petition.

Summary

Shatrughan Dubey, a government employee who completed 60 years of service, filed a writ petition seeking a mandamus directing the State of Bihar's education authorities to consider his representations dated 18 January 2025 and 6 February 2025 for an extension of his service or a fresh contractual appointment under the notification of 10 February 2015. The petitioner argued that the authorities had not acted on his requests and sought judicial intervention. The court observed that the question of extending service or appointing on a contractual basis is a policy matter within the discretion of the executive. Consequently, the court held that it could not issue a writ of mandamus in such circumstances. The petition was therefore dismissed without addressing the merits of the representation.

Issues considered

  • What is the scope of judicial review in directing a government authority to consider a representation for service extension?
  • Can a writ of mandamus be issued to compel the State of Bihar's education department to extend a civil servant's tenure or appoint him contractually?

Subjects

  • service extension
  • government employee
  • writ of mandamus
  • policy matter
  • administrative law
  • public service

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8262 of 2025
                 ======================================================
                 Shatrughan Dubey Son of Late Ramchandra Dubey, Resident of village-
                 Mirpur, Post- Mirpur, Police Station - Chiraiya, District - East Champaran.

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through Additional Chief Secretary, Education
                 Department, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department, Government of
                 Bihar, Patna.
           3.    The Director, Mass Education, Education Department, Government of Bihar,
                 Patna.
           4.    The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
           5.    The District Education Officer, East Champaran at Motihari.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Sanjeev Kumar Singh, Advocate
                 For the Respondent/s   :     Mr. Viveka Nand Singh, AC to GP-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   20-04-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed seeking issuance of a writ of

                   mandamus directing the respondent authorities to consider the

                   representations dated 18.01.2025 and 06.02.2025 for extension

                   of the petitioner’s services or to appoint the petitioner afresh on

                   contractual basis, in terms of the notification dated 10.02.2015.

                               3. From the representation, it transpires to this Court

                   that the petitioner has completed 60 years of service and
         Patna High Court CWJC No.8262 of 2025(2) dt.20-04-2026
                                                     2/2




                   thereafter is seeking extension of service in Group D category.

                   By issuance of a writ, such a direction cannot be made as it is a

                   policy matter.

                               4. In view of the above, this Court is not inclined to

                   pass any order on the merits or demerits of the case.

                               5. Accordingly, the present writ petition stands

                   dismissed.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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