Disposed¶37

Rajesh Kumar v. The State of Bihar

Patna HC3 Jul 2025C. REV./59/2021

Case brief

AI extract

What is this about?

Patna HC Civil Review No.59 of 2021 (Rajiv Roy, J.), dt. 03-07-2025: review disposed of; liberty to reagitate before concerned authority the equivalence of Sahityalankar degree (Hindi Vidyapeeth/Vidya Peeth, Deoghar) relevant to Class-IV to Class-III promotion of Civil Court, Nalanda employees; underlying order 21.10.2016 by Ajay Kumar Tripathi, J. in C.W.J.C. No. 8723 of 2014 followed Reeta Srivastava vrs. State of Bihar, 2012(3) P.L.J.R. 353; larger Bench order in Ramashankar Patel vs. State, CWJC No. 11255 of 2016, dt. 22.08.2019; no view expressed on merits; State not represented despite service of copies.

What did the court decide?

Liberty granted to the petitioners to reagitate the matter before the concerned authority; the Civil Review disposed of without commenting on the merit of the case. ¶37

Rajesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.59 of 2021

¶2

¶3

Civil Writ Jurisdiction Case No.8723 of 2014

¶4

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

¶5

RAJESH KUMAR Son of Satrughan Sharma resident of village- Harpura, P.s.- Bikram, District- Patna

¶6

Prem Kumar Son of Kameshwar Prasad resident of D/27, Bank Mens Colony, Chitragupt Nagar, Patna-20

¶7

... ... Petitioner/s

¶8

Versus

¶9

The State of Bihar

¶10

The Registrar, Patna High Court, patna

The District and Sessions Judge, Nalanda at Biharsharif

¶16

The Registrar, Civil Court, Nalanda at Biharsharif

¶17

Principal Secretary, General Administration Department, Bihar, Patna

¶18

Principal Secretary, Education Department, Bihar, patna

¶19

Director, Department of Human Resources Development, Primary Education, Bihar, Patna

¶20

Om Prakash Son of Sri Indu Bhusan Prasad, Resident of Village - Malbigha, P.O. - Kaliyachak, P.S. - Hilsa, Nalanda, At present Civil Court Hilsa, Nalanda.

¶21

... ... Opposite Party/s

¶22

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

¶23

Appearance : For the Petitioner/s : Mr.Sanjay Kumar, Advocate For the Opposite Party/s : Mr.Lalit Kishore (Ag)

¶24

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

¶25

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

¶26

ORAL ORDER

¶27

4 03-07-2025 Heard the parties.

¶28

Despite copies having been served to the State, there

¶29

is no representation.

¶30

The present petition has been preferred for :-

¶31

“That this application is being filed for reviewing the order dated 21.10.2016 passed by Hon'ble Mr. Justice Ajay

¶32

Patna High Court C. REV. No.59 of 2021(4) dt.03-07-2025 2/3

¶33

Kumar Tripathi, as His Lordship then was, in C.W.J.C. No. 8723 of 2014, whereby and where under the degree of the petitioners of Sahityalankar awarded by Hindi Vidyapeeth, Deoghar, have been declared as not equivalent to the degree of Graduation in view of the decision of this Hon'ble Court reported in 2012(3) P.L.J.R. 353 (Reeta Srivastava vrs. State of Bihar and others) and/or for passing an appropriate order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances stated hereinafter.”

¶34

Learned counsel for the petitioners submit that they are employees of Civil Court, Nalanda at Biharsharif and were agitating denial of promotion from Class-IV to Class-III, as they have Sahitya Alankar Certificates from Hindi Vidya Peeth Deoghar (Jharkhand). Learned counsel submits that an order has come by a larger Bench in CWJC No. 11255 of 2016 (Ramashankar Patel vs. State and others) and analogous cases on 22.08.2019 and in that background they may be permitted to reagitate the matter before the concerned authority.

¶35