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Patna High Court
Shankar Choudhary And Anr vs The State Of Bihar And Ors on 12 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21762 of 2013
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1. Shankar Choudhary and Anr S/O Late Babu Lal Choudhary Resident Of
Kagji Mohalla, P.O- Biharsarif, P.S-Biharsharif, Ditrict- Nalanda.
2. Mahesh Kumar Ravidas S/O Late Baiju Das Resident Of Mohalla-
Bhaisasur, P.O- Biharsharif, P.S- Biharsharif, District- Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Registrar General, Patna High Court, Patna.
3. The Civil Court, Biharsharif, Nalanda Through Its Registrar.
4. The Registrar Civil Court, Biharsarif, Nalanda.
5. Dharmendra Kumar S/O Suresh Paswan Resident Of Mohalla-
Mohammadpu, P.O- Biharsarif, P.S- Biharsarif, District- Nalanda
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha, Adv.
Mr. Ankit Katriar, Adv.
Mr. Rishi Sinha, Adv.
For the Respondent/s : Mr. Prashant Pratap, Adv.
Mr. Shadwal Harsh, AC to GP-2
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 12-02-2026
1. The Writ petition has been filed to
consider the claim of the petitioners and to direct
the respondents to promote the petitioners in the
Higher Grade from Class-IV to Class-III in reserved
category of Scheduled Castes, on the basis of
seniority. It is further prayed for issuance of
Patna High Court CWJC No.21762 of 2013 dt.12-02-2026
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consequential writ in the nature of Certiorari for
quashing the appointment of the respondent No. 5,
by promotion to Class-III post on the ground that he
did not fulfill the eligibility criteria prescribed under
the notice.
2. The brief facts, as culled out from the
Writ petition, are that the petitioners have been
working for the last 23 years on Class-IV post in the
Judgeship, Nalanda. It is contended that non-
consideration of their claims for promotion is
arbitrary and unreasonable, inasmuch as they
belong to Scheduled Caste, as per the terms of
Circular issued by Government of Bihar, and that
they are entitled for reservation in promotion, on
the basis of seniority. According to the petitioners,
consideration of their candidature on the basis of
of merit-cum-seniority list will not amount to
proper consideration of their claim for promotion,
as they belong to reserved category and not on the
basis of seniority alone.
3. The petitioner No. 1 was appointed
under Scheduled Castes category to a Class-IV post
Patna High Court CWJC No.21762 of 2013 dt.12-02-2026
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on 27.07.1990 in the Civil Court, Rohtas, Sasaram.
He was transferred to the Civil Court, Biharsharif,
Nalanda in the year 1992, and since then he has
been working and has completed 23 years of
continuous service of Class-IV post.
4. Petitioner No. 2 was appointed to a
Class-IV post on 06.12.1990 in Civil Court,
Biharsharif, Nalanda and has also completed 23
years of service in the said post. Both the
petitioners are graduates and possess the
prescribed educational qualification and other
eligibility required for promotion.
5. The Government of Bihar issued a
resolution bearing Memo No. 11/Aa. Nyay-
03/2012/11635
Sa. Pra. Dated 21.08.2012
providing for reservation to SC/ST candidates in
promotion on the basis of seniority alone.
6. As per the eligibility criteria, a candidate
was required to have completed three years of
service in a Class-IV post and to possess
graduation degree. The notice further provided
that promotion would be made on the basis of
Patna High Court CWJC No.21762 of 2013 dt.12-02-2026
written examination as well as oral interview of the
candidates.
7. The petitioners, being eligible for
promotion, participated in the written examination.
However, they could not compete in the
competitive examination. The petitioners
respectfully submits that they completed their
graduation in between 1980s and 1990s and it was
very difficult for them to compete with the
candidates who have graduated recently and were
in touch with the relevant subjects. The petitioners
were made to appear in the written examination
comprising questions in English, Hindi,
Mathematics and General Knowledge, since they
had been out of touch with these subjects, for a
considerable period, they could not compete in the
competitive examination.
8. The decision of the respondents to make
appointment on the basis of a competitive
examination, defeats the very purpose of granting
promotion to reserved category candidates on the
basis of seniority alone, inasmuch as the
Patna High Court CWJC No.21762 of 2013 dt.12-02-2026
candidates like petitioners who completed their
graduation many years ago, are placed at a
comparative disadvantage under a merit-cum-
seniority selection process.
9. A merit-cum-seniority list for promotion
from Class-IV to Class-III in the Judgeship of
Nalanda was published vide Letter No. 3208 dated
06.09.2013 issuded by the In-charge-judge-
Administration, Biharsharif, Nalanda. The list
contained the names of nine selected candidates,
including respondent No. 5, Dharamendra Kumar,
at serial No. 2.
10. The petitioners stated that respondent
No. 5 does not hold the eligibility criteria for
promotion to Class-III post. It is stated that
respondent No. 5 joined Class-IV post in Civil Court,
Biharsharif, Nalanda on 14.02.2008, as such on
23.06.2010 he had not completed three years of
service, which is evident from Letter No. 3214
dated 09.09.2013 issued by In charge-Judge-
Administration.
11. This letter further states that
Patna High Court CWJC No.21762 of 2013 dt.12-02-2026
respondent No. 5 was not a graduate, at the time
of the initial notification, but pursuant to the
second notice dated 23.03.2012, he submitted a
fresh application on 28.03.2012 stating that he had
passed B.A. examination. The petitioners
respectfully stated that respondent No. 5 passed
B.A. examination while he was working in Class-IV
post, without having study leave. Being aggrieved
by the promotion of respondent No. 5, the present
Writ petition has been filed.
12. A detailed counter affidavit was filed
by respondent No. 1, 3 and 4 denying all the
material allegations. The counter affidavit of
respondent No. 3 and 4 disclose that vide Notice
dated 23.06.2010 issued by Civil Court, Nalanda
(Biharsharif), applications were invited from eligible
Class-IV employees for promotion to Class-III post
in the said Judgeship against 9 vacancies, on merit-
cum-seniority basis under the Bihar Civil Court
Staff(Class III and IV) Rules, 2009. Pursuant to this
notice, the petitioners and other class-IV
employees of the said Judgeship made their
Patna High Court CWJC No.21762 of 2013 dt.12-02-2026
applications.
13. The written examination initially was
scheduled to 18.07.2010 was postponed to
05.09.2010, as per the decision of the Appointment
Committee. Once again, the written examination
was postponed due to unavoidable circumstances.
Vide Memo No. 875 dated 26.03.2012, fresh
applications were invited from those Class-IV
employees who had not applied earlier, which was
extended to 01.05.2012, as per the notice dated
27.04.2012.
14. Respondent No. 5 was appointed to a
Class-IV post in the Judgeship of Nalanda and
joined service on 14.02.2008. While serving the
said post, he submitted an application on
14.03.2008 to the District and Sessions Judge,
Nalanda, seeking for permission to appear for the
examination of Bachelor's degree of the Indira
Gandhi National Open University (IGNOU).
Accordingly, the District and Sessions Judge,
Nalanda granted permission to respondent No. 5.
15. Pursuant to the notice dated
Patna High Court CWJC No.21762 of 2013 dt.12-02-2026
23.03.2012, respondent No. 5 submitted his
application for promotion to Class-III post. In his
application, he stated that at the time of earlier
notification he was not a graduate but
subsequently he had passed the graduation
examination, thus he may be permitted to appear,
in the promotional exam. His application was
considered by the Appointment Committee on
23.03.2012. Atmost, there was a gap of eleven
months for the previous notification for calling for
application for promotion of the candidates who
had become eligible during this period were
permitted to appear in the examination.
Accordingly, respondent No. 5 was allowed to
participate in the examination. His application was
thereafter scrutinized and was found to be correct,
as per the report of the Scrutiny Committee dated
24.04.2012.
16. The written examination was held on
07.04.2013, further interview was conducted on
10.06.2013, for which nine successful candidates
of Class-IV employees were promoted to Class-III
Patna High Court CWJC No.21762 of 2013 dt.12-02-2026
posts in the Judgeship of Nalanda including
respondent No. 5 on the basis of merit-cum-
seniority, under the Rule 8 of the Bihar Civil Court
Staff(Class-III and IV) Rules, 2009, vide order No.
06/13 dated 27.06.2013.
17. The petitioners also appeared in the
written examination, however they were not
successful, as they did not score the minimum
qualifying marks of 45 and were not called for
interview. The counter affidavit further disclose
that there was no illegality or irregularity either in
the constitution of the committee or in the
promotion process and accordingly prayed to
dismiss the Writ petition.
18. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents. Perused the record.
19. Considering that respondent No. 5 was
meeting the eligibility criteria of being graduate for
second notice and also have completed three years
in the service from Class-IV posts, the application
for promotion of Class-III of the posts has been
Patna High Court CWJC No.21762 of 2013 dt.12-02-2026
processed by the respondent. However, the
respondent No. 5 have successfully passed the
written examination and viva voice. The petitioners
have not been successful in the examination.
Therefore, this Court finds no illegality or
irregularity in the selection process by the
Judgeship of Nalanda.
20. With the above said discussion, the
Writ petition is dismissed as it is devoid of merits.
(G. Anupama Chakravarthy, J)
Manish/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 20.02.2026
Transmission Date
