[Cites 1, Cited by 0]
Patna High Court
Kumar Amresh vs The State Of Bihar on 19 January, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.423 of 2026
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Kumar Amresh S/o Late Lalit Kumar Yadav, resident of - Kirtan Bhagan
Road, District - Madhubani. Presently posted as Correspondence Clerk at
R.K. College, Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director, Higher Education, Education Department, Govt. of Bihar,
Patna.
4. The Vice Chancellor, L.N. Mithila University, Darbhanga.
5. The Registrar, L.N. Mithila University, Darbhanga.
6. The Finance Officer, L.N. Mithila University, Darbhanga.
7. The Principal, Ram Krishna College, Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv.
Mr. Ritesh Ranjan, Adv.
For the Respondent/s : Mr. Government Advocate (11)
For the LNMU : Mr. Bindhyachal Rai, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 19-01-2026
Heard the parties.
2. The petitioner was duly appointed against a Class-
IV post on compassionate ground vide Memo No. 6506-6639/05
dated 08.05.2005; subsequently in the light of the order passed
by this Court in CWJC No. 11361 of 2007, he has been adjusted
against the Class-III post, on being found having proper
qualification for the said post.
3. The grievance of the petitioner is in limited bound
Patna High Court CWJC No.423 of 2026 dt.19-01-2026
to the extent that despite having successfully passed the written
test examination for promotion from the post of Lower Division
Clerk to Upper Division Clerk w.e.f. due date, in view of the
order dated 16.12.2018 passed in CWJC No. 18985 of 2017
read with Clause 4(c) of the Bihar State Litigation Policy, till
date no decision has been taken whereas, other identically
situated persons, who have approached this Court, they have
been promoted to the higher post and, as such, discrimination
has been caused and the petitioner has been compelled to
approach this Court.
4. Mr. Shashi Bhushan Singh, learned Advocate for
the petitioner submitted that the claim of the petitioner has not
been considered for promotion, despite having duly qualified in
the written test, merely on the ground that the petitioner was
duly appointed on compassionate ground.
5. Once a person has been appointed in the service of
the University, he became an employee of the same and hence,
he has to be given equal treatment vis-a-vis other Class-IV
employees and has to be considered for all benefits under the
Rule available to the Class-IV employees. To support the
aforesaid contention, reference has been made to the order
passed by this Court in CWJC No. 8532 of 2008. It is further
Patna High Court CWJC No.423 of 2026 dt.19-01-2026
contended that identically situated person, who have been
deprived from promotion from lower post to higher post, despite
having been passed the written test, they have approached this
Court by filing different writ petitions, including CWJC No.
18985 of 2017 and CWJC No. 5147 of 2018, they have been
extended promotion in the light of the order passed by this
Court.
6. The University, who is a State within the definition
of Article 12 is bound to follow the State Litigation Policy
especially Clause 4(c)(i) thereof, that in case the benefit of
covered matter has been extended to certain employees, the
similar benefits should be given to all such employees, who are
identically situated. For redressal of the grievance, the petitioner
has also filed representation before the Registrar, Lalit Narayan
Mithila University, Darbhanga; the copy of which is placed on
record as Annexure-P/16. However, till date, no final decision
has been taken.
7. Learned Advocate for the University and the State
fairly submitted that since the petitioner has already approached
before the concerned authority, who is competent in this behalf
and take a final decision.
8. Having considered the submissions advanced by
Patna High Court CWJC No.423 of 2026 dt.19-01-2026
learned Advocate for the respective parties and taking note of
the aforesaid facts, the present writ petition stands disposed off
with a direction to the Registrar, Lalit Narayan Mithila
University, Darbhanga to consider the representation of the
petitioner, especially in the light of the order of this Court,
referred hereinabove and take a final decision, preferably within
a period of ten weeks, from the date of receipt/production of a
copy of this order.
9. While disposing the writ petition, the respondent
authorities are also obliged to keep in mind that as to whether
the case of the petitioner is identical to those, who have been
accorded promotion, in terms with the order of this Court. In
case the petitioner is not suited, the decision must be followed
by a reasoned and speaking order.
10. Accordingly, the writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.01.2026
Transmission Date NA
