Satish Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2011 of 2025 ====================================================== Satish Kumar Sharma S/o Late Vinay Sharma, R/o village and P.O. - Sadya Bigha, District - Lakhisarai, Bihar and presently at B- 405, Murlidhar Valika, IAS Colony, Rupuspur, Bailey Road, Patna, Bihar. ... ... Petitioner
Versus
1.
The State of Bihar through its Chief Secretary, Department of Education Govt. of Bihar, Patna.
2.
The Additional Chief Secretary, Education Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
3.
The Bihar State University Service Commission 8th floor, Bihar School Examination Board Building, Budh Marg, Patna, through its Chairman. ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Satish Kumar Sharma (In Person) Mr. Pramod Kumar Singh, Advocate For the BSUSC :
Mr. Pawan Kumar, Advocate Ms. Diksha, Advocate For the State :
Mr. Kinkar Kumar, Standing Counsel-9 Mr. Sushmita Sharma, AC to SC-9 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 19-11-2025 Heard learned counsel for the parties.
2. In the present writ petition, the petitioner prays for the following relief/s:
"To declare impugned advertisement bearing Adv. No. BSU SC/PRINCIPAL-01/2023, dated;
15-11-2023 (Annexure-1) reserving single cadre posts of Principal void in law and direct respondents to make appointment on posts of Principal without reservation.
Pass orders in terms of orders passed by
Patna High Court CWJC No.2011 of 2025(4) dt.19-11-2025 2/3 Division Benches of Hon'ble this Court in Dr. Ratneshwar Pd. Singh v. State of Bihar [19961 PLJR 351 (DB)] and Dr. (Smt.) Anapurna Devi v. Patna University & Ors. [1996 (1) PLJR 351 (D.B)] and other identical cases of Hon'ble Apex Court as well.
2. To declare and hold that the Principal is also a 'teacher' and hence a person can be appointed or posted only such college where his own subject is taught.
3. To declare and hold that clubbing of posts of Arts Colleges with Science or multi-faculty colleges is bad in law.
4. Other relief (s) the petitioner may found to be entitled at the time of hearing."
3. Having considered the nature of the reliefs sought, we find that the grievance raised in present writ application pertains to individual service matters, policy decisions & appointment procedures concerning a particular cadre. These issues involve disputed questions of fact & law requiring adjudication in an appropriate service or writ proceeding by an aggrieved person. Such matters cannot be entertained under the purview of PIL, which is not meant to be a remedy for service related grievances or for questioning recruitment policies at the instance of a person who is not directly affected.
4. Accordingly, this writ application stands dismissed.
Patna High Court CWJC No.2011 of 2025(4) dt.19-11-2025 3/3
5. Pending application(s), if any, shall stand disposed of.
(Sudhir Singh, ACJ) (Rajesh Kumar Verma, J.) Gaurav Kumar, Ibrar/- U