Dismissed¶29

Manoranjan Kumar v. The State Of Bihar and Ors.

Patna HC11 Jul 2025CWJC/5808/2017

Case brief

AI extract

What is this about?

CWJC No.5808 of 2017, Patna High Court, decided 11-07-2025 by Dr. Anshuman (J.). Keywords: writ petition dismissed as infructuous with liberty; order dated 11.01.2017 of Principal, Anugrah Narain/Narayan Magadh Medical College, Gaya declaring roll numbers of interviewed candidates; Advertisement no.9665 dated 01.12.2016, Class-IV permanent posts; Govt. of Bihar Advertisement no.19553 dated 26.12.2013; Assistant Electrician experience preference; persons removed by committee still holding posts; remedy against illegal occupation of post. No statute or precedent citation; no quantum involved.

What did the court decide?

Liberty to the petitioner to pursue appropriate lawful remedy against those persons who were removed by the committee but continue to hold the post. ¶29

Manoranjan Kumar Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5808 of 2017

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======================================================

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Manoranjan Kumar son of Mahadeo Sharma resident of Magadh Colony, Road No. 18, Magadh Medical, Gaya.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary, Health Department, Patna.

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The Principal, Anugrah Narayan Medical Magadh Medical College, Gaya.

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The Commissioner, Magadh Commissionary, Gaya.

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Srikant Sharma son of Ram Dhani Singh Electrician Assistant, Anugrah Narayan Magadh Medical College, Gaya.

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Sudhir Singh, Electrician Assistant, Anugrah Narayan Magadh Medical College, Gaya.

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Guddu Kumar, Electrician Assistant, Anugrah Narayan Magadh Medical College, Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kunwar Narayan Jamuar, Advocate For the State : Mr. Mujtabaul Haque (GP-12) ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 11-07-2025

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present writ petition has been filed for the following relief/s:-

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“I. For setting aside the order dated 11.01.2017 passed by Respondent no.2 the Principal, Anugrah Narain Magadh Medical College, Gaya by which the respondent no.2 declared the roll no. of successful candidates who have faced the interview, which was called against advertisement no.9665 dated

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Patna High Court CWJC No.5808 of 2017(3) dt.11-07-2025 2/3

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01.12.2016 for the post of Class-IV employee on permanent basis.

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II. For directing the respondent authorities to take appropriate action as per Govt. of Bihar Advertisement no.19553 dated 26.12.2013.

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III. For directing the respondent authorities to take appropriate action for appointment to the post of technical nature in which it is mandatory to give privilege to those candidates who have experience in the same field i.e. Assistant Electrician.

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IV. For directing the respondents to stay the further proceeding of appointment against the said advertised post.”

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After some arguments, learned counsel for the petitioner submits that the present writ petition has become infructuous, but he seeks liberty to move against those persons who have been removed by the committee but still holding the post.

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Learned counsel for the State opposes the prayer and submits that the petitioner has come with limited prayer and in the light of present facts and circumstances, this writ petition has become infructuous.

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After hearing the parties, this Court finds that the present writ petition has become infructuous, but petitioner

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Patna High Court CWJC No.5808 of 2017(3) dt.11-07-2025 3/3

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being a public is entitled to take appropriate remedy against those persons who are holding the post illegally in accordance with law. Hence, this writ petition stands dismissed with aforesaid liberty.

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(Dr. Anshuman, J)

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Divyansh/-

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Manoranjan Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Manoranjan Kumar v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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