Created by Fuzzy Cloud

Patna High Court

Mukesh PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as the underlying notification provision has been declared unconstitutional.

Summary

Mukesh Paswan filed a writ petition seeking a mandamus directing the State of Bihar to appoint him as Chowkidar in place of his father, relying on clause 3(II)(Ka) of Notification No. 1896 dated 05.03.2014. The respondents contended that the same notification had been struck down in Devmuni Paswan v. State of Bihar (2023) as violative of Articles 14 and 16 of the Constitution, and that a Special Leave Petition challenging that judgment had also been dismissed. The High Court examined the Supreme Court’s pronouncement that the provision was unconstitutional and found that the petitioner’s claim could not survive that precedent. Consequently, the Court held that there was no merit in granting the writ. The petition was dismissed.

Issues considered

  • Whether the provision in Notification No. 1896 dated 05.03.2014 authorising the appointment of the petitioner as Chowkidar is constitutionally valid.
  • Whether a writ of mandamus can be issued to compel the appointment in view of the Supreme Court’s decision in Devmuni Paswan v. State of Bihar.
  • Whether Articles 14 and 16 of the Constitution preclude the appointment sought by the petitioner.

Legislation cited

Subjects

  • mandamus
  • appointment
  • constitutional validity
  • Articles 14
  • Articles 16
  • public service
  • Bihar
  • Chowkidar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.845 of 2022
                 ======================================================
                 Mukesh Paswan S/o Shiv Shankar Paswan, R/o Vill. - Rampur, P.S. -
                 Runnisaidpur, Dist. - Sitamarhi.

                                                                              ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar through the Principal Secretary, Home Department,
                 Government of Bihar, Patna.
           2.    The Principal Secretary, Home Department, Government of Bihar, Patna.
           3.    The District Magistrate, Sitamarhi.
           4.    The Superintendent of Police, Sitamarhi.
           5.    The Officer In Charge of Runnisaidpur Police Station, Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Brij Bihari Tiwary, Advocate
                 For the Respondent/s   :      Mr. Md. N.H. Khan, SC- 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   18-03-2026                    Heard learned counsel for the parties.

                               2. The petitioner has filed the instant application for

                   the following reliefs:

                                                                “1. (I) For issuance of an
                                                appropriate writ in the nature of
                                                "mandamus"              directing          and
                                                commanding             the        respondents
                                                authorities to provide the appointment
                                                to the petitioner on the post of
                                                Chowkidar in place of his father in
                                                light of stipulation present at clause
                                                3(II) (Ka) of the notification bearing
                                                no. 1896 dated 05.03.2014.
           Patna High Court CWJC No.845 of 2022(4) dt.18-03-2026
                                                       2/2




                                                                   (II) For issuance of any
                                                     other relief or reliefs for which the
                                                     petitioner is entitled for.”

                                 3. At the outset, it is submitted by learned counsel for

                     the respondents that the notification dated 5.3.2014 on which

                     the petitioner is placing reliance was the subject matter of the

                     case in Devmuni Paswan vs. State of Bihar & Ors.; 2023 (2)

                     PLJR 425 and this Court by its judgment dated 25.2.2023 set

                     aside the said provision as being violative of Articles 14 and 16

                     of the Constitution of India. It is further submitted that SLP(C)

                     no. 18983 of 2023 (Bihar Rajya Dafadar Chaukidar Panchayat

                     (Magadh Division) vs. State of Bihar and Ors.) preferred against

                     the judgment of this Court in Devmuni Paswan (supra) has also

                     been dismissed by order dated 19.3.2025.

                                 4. In view of the facts and circumstances of the case

                     and the matter having been settled up to the Hon’ble Supreme

                     Court, the Court finds no merit in the instant application.

                                 5. The application is dismissed.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.