Patna High Court

Munilal RajakversusThe State of Bihar

Decided: 31 January 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The court held that the writ relief sought cannot be granted and the petitioner must approach the appropriate authority for redress.

Summary

Munilal Rajak filed a writ petition seeking a mandamus directing the State of Bihar and the Bihar Staff Selection Commission to clarify his candidature status for a Class‑IV appointment, to render a reasoned decision within a fixed period, and to grant him the appointment if eligible. The petition also requested the court to order the respondents to consider his claim and pass any other appropriate order. The High Court examined the petition and held that such relief could not be granted by the writ jurisdiction of the court. It directed the petitioner to pursue his grievance before the appropriate authority by filing a representation or petition. The court further directed that the concerned authority should decide the matter within eight weeks of receiving the representation. Consequently, the writ application was disposed without granting the relief sought.

Issues considered

Whether the High Court can issue a mandamus directing the State and BSSC to clarify the petitioner’s candidature status and grant appointment.
Whether the relief sought is maintainable under the writ jurisdiction of the High Court.

Subjects

writ jurisdiction
mandamus
public service appointment
Class‑IV post
Bihar Staff Selection Commission
administrative law
government recruitment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.97 of 2026
                 ======================================================
                 Munilal Rajak Son of Late Turai Rajak, Resident of Village-Shabda, P.S.-
                 Pothia, District-Katihar.
                                                                              ... ... Petitioner
                                                    Versus
           1.     The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, General Administration Department,
                 Government of Bihar, Patna.
           3.    The Principal Secretary, Chief Ministers Secretariat, Government of Bihar,
                 Patna.
           4.    The Chairman, Bihar Staff Selection Commission, Patna.
           5.    The District Magistrate, Begusarai.
                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Pramod Mishra, Advocate
                 For the Respondent-State:       Mr. Additional Advocate General (05)
                 For the Respondent BSSC:        Mr. Satyabir Bharti, Senior Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   31-01-2026                 Heard learned counsel for the parties.

                               2. The petitioner has filed this writ application for

                   following reliefs:-

                                             “(i) issue a writ, order or direction in the
                              nature of MANDAMUS commanding the respondents
                              to clarify the present status of the petitioner's
                              candidature for Class-IV appointment.
                                             (ii) Direct the respondents to take a final,
                              reasoned and speaking decision on the petitioner's
                              claim within a fixed time frame.
                                             (iii) Further be pleased to direct the
                              respondents to consider and grant appointment to the
                              petitioner on a suitable Class-IV post, if found eligible,
                              in accordance with law.
           Patna High Court CWJC No.97 of 2026(2) dt.31-01-2026
                                                       2/2




                                             (iv) Pass any other order or direction which
                                 this Hon'ble Court may deem fit and proper in the
                                 interest of justice.”
                                   3. Having heard learned counsel for the parties and on

                     perusal of the pleadings and the prayer, this Court is of the view

                     that the relief(s) claimed by the petitioner in this writ application

                     cannot be granted.

                                   4. However, the petitioner will be at liberty to pursue

                     his grievance before the appropriate authority in accordance

                     with law by filing representation/petition along with a copy of

                     this order. It is expected that the concerned authority will

                     consider the claim of the petitioner and pass a final order in

                     accordance with law within a period of eight weeks from the

                     date of receipt of the representation/petition filed by the

                     petitioner.

                                   5. The writ application stands disposed of on the

                     aforesaid terms.



                                               (Praveen Kumar, J)
shivam/-

U

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