Amlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4931 of 2026 ====================================================== 1.
Amlesh Kumar S/o Late Prabhulal Prasad, R/o Village Mishrauliya, P.S.- Chiraiya, District- East Champaran.
2.
Anil Kumar, S/o Mithilesh Prasad, R/o Village- Kanchanawan, P.S.- Belaganj, District- Gaya.
3.
Ram Nandan Sahni, S/o Late Lalo Sahni, R/o Village- Hanuman Nagar, P.S.- Rosera, District- Samastipur.
4.
Satyendra Kumar Singh, S/o Sri Bikrama Singh, R/o Village- Jamunidihara, P.S.-Dhansoin, District- Buxar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Health Department, Bihar, Patna.
2.
The Secretary, Health Department, Bihar, Patna. 3.
The Special Secretary, Health Department, Bihar, Patna. 4.
The Additional Secretary, Health Department, Bihar, Patna. 5.
The Joint Secretary, Health Department, Bihar, Patna. 6.
The Deputy Secretary, Health Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Kumar, Advocate For the Respondent/s :
Mr. Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 02-04-2026 Heard learned Counsel for the petitioners and learned Counsel for the State.
2. The present writ petition has been filed by the petitioners for issuance of writ of mandamus directing respondent No.2, the Secretary, Health Department, Bihar, Patna, to consider the case of the petitioners for promotion to
Patna High Court CWJC No.4931 of 2026 dt.02-04-2026 2/3 the post of Associate Professor (Reader) in their respective subjects from the date they became eligible for the same.
3. Learned Counsel for the petitioners submits that the petitioners were appointed on the post of Lecturer, Ayurvedic, by virtue of notification issued vide Memo No.292 dated 25.02.2019. Counsel submits that in the notification petitioner No.1 is at serial No.36, petitioner No.2 is at serial No.11, petitioner No.3 is at serial No.13 and petitioner No.4 is at serial No.8. Counsel submits that their services were confirmed by virtue of notification No.245 dated 05.03.2024 (Annexure-P2), in which petitioner No.1 has been shown at Serial No.25, petitioner No.2 has been shown at serial No.11, petitioner No.3 has been shown at serial No.14 and petitioner No.4 has been shown at serial No.9.
Counsel submits that similarly situated persons were granted promotion to the post of Associate Professor in spite of the fact that they were appointed on the post of lecturer and services were confirmed by virtue of same notification, but petitioners were not promoted. Counsel submits that in this regard several representations were filed, which is annexed as Annexure-P4, but nothing happened. Counsel submits that on their representations no decision have been taken by the concerned respondent.
Patna High Court CWJC No.4931 of 2026 dt.02-04-2026 3/3
4. Counsel for the State submits that he has not received any instruction in this matter but from the pleadings made by the petitioners it transpires that no decision has been taken.
5. In the light of the submissions made by the parties, this Court without entering into the merit and demerit of the case, hereby directs the petitioners to file fresh representation along with a copy of this order within 30 days from today before respondent No.2, the Secretary, Health Department, Bihar, Patna, and respondent No.2, the Secretary, Health Department, Bihar, Patna, shall decide the representation of the petitioners within 90 days thereafter.
6. With the aforesaid direction, this writ petition is disposed off.
(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.04.2026 Transmission Date