Patna High Court
Amrendra Kumar OjhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The High Court declined to entertain the writ on its merits and directed the District & Sessions Judge, Siwan, to dispose of the petitioners' representation within 90 days.
Summary
The petitioners, two clerks of the Siwan Civil Court, filed a writ petition seeking certiorari to quash the Screening Committee's decision dated 27.11.2018 that regularised their service from 18.10.2012 and placed them in the Class‑III gradation list, as well as to set aside the District & Sessions Judge's order dated 25.05.2019 that amended the gradation list accordingly. They also asked for the pending representation annexed as Annexure‑P/9 to be disposed of. The State argued that the lower authority should simply be directed to dispose of the representation. The High Court, without addressing the merits of the regularisation or the amendment orders, directed the District & Sessions Judge, Siwan, to dispose of the petitioners’ representation within ninety days of receipt of the order.
Issues considered
- Whether the Screening Committee's decision on regularisation of the clerks' service can be quashed by a writ of certiorari.
- Whether the District & Sessions Judge's order amending the gradation list can be set aside.
- Whether the pending representation annexed as Annexure‑P/9 must be disposed of by the lower court.
Subjects
- certiorari
- writ of certiorari
- regularisation
- gradation list
- civil service
- screening committee
- representation disposal
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9480 of 2024
======================================================
1. Amrendra Kumar Ojha Son of Devendra Ojha, Resident of Village
Ojhwaliya, P.S. Phulwariya, District - Gopalganj.
2. Prashant Kumar, Son of Baleshwar Prasad Yadav, Resident of Village -
Raghnathpur, P.S. Nadwan, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Law Department, Government of
Bihar, New Secretariat, Patna.
2. The Registrar General, Patna High Court, Patna.
3. The Registrar-cum-Judge Incharge, Civil Court, Siwan.
4. The District and Sessions Judge, Siwan.
5. The 1st Additional District and Sessions Judge-cum-Chairman, Civil Court,
Siwan.
6. The Sub-Judge-III-cum-Member, Screening Committee, Civil Court, Siwan.
7. The Sub-Judge-XIII-cum-Member, Screening Committee, Civil Court,
Siwan.
8. Sri Prabhat Kumar Srivastava, aged about 45 years, Gender Male, Clerk,
Civil Court, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
(i) To issue an appropriate writ in
the nature of writ of certiorari for quashing
Patna High Court CWJC No.9480 of 2024(2) dt.24-02-2026
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the decision of Screening Committee held on
27.11.2018 at 1.35 PM in the Chairmanship
of 1st Additional District & Sessions Judge,
Siwan for discussion on the matter of
amendment in the gradation list of Class-III
Employees of Siwan Judgeship and the
committee is of considered view that the
regularization of their service be treated
either from the date of order No. 214A/2012
dated 20.12.2012 of the District & Sessions
Judge, Siwan or from the date of issuance of
letter No. 533/J dated 18.10.2012 of Law
Department, Government of Bihar, Patna.
According Committee held that it would be
appropriate to consider the regularization of
Service of Sri Prashant Kumar and Sri
Amrendra Kumar Ojha Clerks with effect
from the date of issuance of letter No. 533/J
of Law Department i.e. 18.10.2012 and their
name should find place in the gradation list
of Permanent General Cadre of Class-III
Employees meaning thereby the aforesaid
both employees will be placed at SI. No. 105
and 106 of the gradation list dated
04.05.2013.
(ii) To issue an appropriate writ in
the nature of writ of certiorari for
quashing/setting aside the order No.
101A/2019 passed on 25.05.2019 by the
learned District & Sessions Judge, Siwan in
Patna High Court CWJC No.9480 of 2024(2) dt.24-02-2026
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view of recommendation of Screening
Committee Civil Court, Siwan besides the
applications of Sri Rakesh Chandra Tiwari
and Sri Prabhat Kumar Srivastava, Clerks,
Civil Court, Siwan for amendment in the
gradation list of Permanent General Cadre
of Class-III Employees (Clerk) of Siwan
Judgeship whereunder and whereby the
learned District & Sessions Judge ordered
that necessary amendments be made in
gradation list of Permanent General Cadre
of Class-III Employees (Clerks) and the
name of Sri Amrendra Kumar Ojha and Sri
Prashant Kumar, Clerks be added in the said
list with effect from 18.10.2012 as
recommended by the Screening Committee
Civil Court, Siwan.
(iii) To pass such other
order/orders, direction/ directions as your
Lordships may deem fit and proper in the
facts and circumstances of the case.
3. Learned counsel for the petitioners submits that he
shall be satisfied only when the pending representation is
disposed of.
4. Learned counsel for the State submits that a
direction may be issued to the concerned authority for the
disposal of the representation.
Patna High Court CWJC No.9480 of 2024(2) dt.24-02-2026
4/4
5. In view of the above, this Court, without entering
into the merits or demerits of the case, directs the District &
Sessions Judge, Siwan (respondent No. 4), to dispose of the
petitioners’ representation, annexed as Annexure-P/9, within 90
days from the date of receipt/production of this order.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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