Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5779 of 2026 ====================================================== 1.
Alok Kumar Son of Late Chandra Kishore Yadav, Resident of VillageDahiyawan, P.S- Chapra Sadar, District- Saran at Chhapra. 2.
Abhay Ranjan Singh, Son of Late Birendra Kumar Singh, Resident of Village- Gurukul Mehiya, P.S.- Chapra Muffasil, District- Saran at Chhapra. 3.
Rashmi, Wife of Pankaj Kumar Singh, Resident of- Bhagwan Bazar, P.S.- Bhagwan Bazar Thana, Chhpara, Pin- 841301.
4.
Sanjay Kumar, Son of Shivajee Rai, Resident of Jagdamba Road, Purvi Dahiyawan, P.S.- Chapra Muffasil, District- Saran at Chhapra. 5.
Kumar Vishwa Vibhuti, Son of Prabhat Kumar Thakur, Resident of Arya Samaj Path, Sahebganj, P.S.- Town Thana Chapra, District- Saran at Chhapra.
6.
Devesh Rai, Son of late Deo Nath Rai, Resident of Mohalla- Mubarak Lane, Mahmood Chawk, Dev Chandra Sansar, Saran P.S.-Town Thana, Sahebganj, District- Saran at Chhapra.
7.
Raj Kumar Rai, Son of Prayojan Rai, Resident of Dahiyawan, Umanath Mandir, P.S.- Town Thana Chapra, District- Saran at Chhapra. 8.
Binod Kumar Rai, Son of Ravindra Rai, Resident of Suratpur, Doriganj Kotwapatti, P.S- Chappra Muffasil, District- Saran at Chhapra. 9.
Manisha, Wife of Priyadarshi, Resident of Ward No. 10, Kashi Bazar Chowk, Mandir Ke Samne, Chhapra, Chhapra, Saran, Bihar. 10.
Raj Kumar, Son of Late Chandadev Bhagat, Resident of Village- Paroo Pakauri urf Lalu Chapra, P.S- Paroo, P.O- Lalu Chapra, District- Chhapra. 11.
Kumar Anurag, Son of B.N.K. Shrivastava, Resident of Mohalla- Professor K.N. Sinha, Adhiwakta Nagar, Ward No. 14, Gopalganj, P.S.- Gopalganj, P.O.- Gopalganj, District- Gopalganj.
12.
Arbind Kumar, Son of Late Dharmnath Singh, Resident of Uttari Dahiyawan Tola, P.O- Sahebganj, Chapra (H.P.O), P.S.- Nagar Thana Chapra, Dahiawan, Saran, Chapra, Bihar, Pin- 841301.
13.
Shashi Kant, Son of Late Ram Vilas Prasad Yadav, Village- Bishahi, P.O.- Mastichak, P.S.- Dariyapur, District- Saran at Chapra. 14.
Purnenand Mishra, Son of Sacchhinand Mishra, Resident of Lakhibaug, P.O.- Buniyadganj, P.S.- Mufassil, District- Gaya, Pin- 823003. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, New Secretariat, Patna. 2.
The Additional Chief Secretary, Education Department, Government of Bihar, New Secretariat, Patna.
3.
The Jai Prakash University, Saran, Chapra through the Registrar P.S. Chapra Saran.
4.
Vice-Chancellor, Jai Prakash University, P.S. Chapra Saran, Chapra. 5.
Registrar, Jai Prakash University, P.S. Chapra Saran, Chapra. ... ... Respondent/s ====================================================== Appearance :
2/4 For the Petitioner/s :
Mr. Sanjeev Kumar Mishra, Sr. Adv Ms. Adya Pandey, Adv Mr. Shubham Kumar Upadhyay, Adv For the State :
Mr. Standing Counsel (15) For the J.P.U.
:
Mr. Bindhyachal Rai, Adv Mr. Chandan Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 23-04-2026 Heard learned counsel for the petitioners, learned counsel for the J.P. University and learned counsel for the respondent-State.
2. With the consent of both the parties, this writ application is being disposed of at this stage itself.
3. In the present writ application, the petitioners have prayed for the grant of following reliefs:
"(i) For issuance of an appropriate writ in the nature of mandamus commanding the respondent authorities to consider the case of the petitioners for promotion from the post of Lower Division Clerk to Upper Division Clerk (Assistant) with effect from due date with all consequential benefits.
(ii) For issuance of an appropriate writ to pay the salary of Head Assistant to petitioner no. 9 who is discharging the duty of Head Assistant on ad-hoc basis in absence of regular promotion since 2013 and further prayer to consider the case of petitioner no. 9 who has been serving on the post of Head Clerk, which cannot be said to
3/4 be a time-gap arrangement.
(iii) For direction upon the respondent authorities to prepare a fresh seniority list of the non-teaching staffs employed in the University.
(iv) For any other writ(s), order(s), directions(s) that Your Lordship may deem fit and appropriate."
4. After advancing some argument, learned counsel for the petitioners submits that for seeking the aforesaid reliefs, the petitioners are prepared to file separate representations before the Vice-Chancellor, Jai Prakash University, Saran, Chapra and further prays that an appropriate direction be issued by this Court to the Vice-Chancellor, Jai Prakash University, Saran, Chapra to dispose of the representations filed by the petitioners within a fixed time frame, after giving an opportunity of hearing to the petitioners.
5. To the aforesaid prayer being made by learned counsel for the petitioners, learned counsel for respondent-State and learned counsel for the respondent-University do not have any objection.
6. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to file separate
4/4 representations before the Vice-Chancellor, Jai Prakash University, Saran, Chapra within one month from the date of this order. If such representations are filed by the petitioners within the stipulated time then the Vice-Chancellor, Jai Prakash University, Saran, Chapra is directed to dispose of the same within a period of three months from the date of receipt of the representations, after giving an opportunity of hearing to the petitioners. Needless to emphasize that the final order which shall be passed by the Vice-Chancellor, Jai Prakash University, Saran, Chapra should be a reasoned and speaking order. In case, the petitioners are found entitled to the relief which they would be claiming through the representations, the same should be extended to the petitioners within a further period of three months from the date of passing of the final order by the ViceChancellor, Jai Prakash University, Saran, Chapra.
7. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J) kiran/- U