Sukh Sharan Singh vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15741 of 2026
CNR No. BRHC010972022026
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1. Sukh Sharan Singh, son of late Ghogho Prasad Singh, Resident of Village-
Tedhari, Thakurganj, Post Office- Jiyapokhar, Police Station Jiyapokhar,
District- Kishanganj.
2. Jalal @ Jalaluddin son of Thakurganj, Late Jan Mohammad, Resident of
Village Amtola, Post Office- Ruidhasa, Police Station District - Kishanganj.
3. Md. Anwarul Haque, son of Late Alimuddin, Resident of Village Mukari,
Post Office- Piprithan, Police Station Kurlikort, District - Kishanganj.
4. Faud Lal Ganesh, Son of Sarju Lal Ganesh, Resident of Village - Bhola
Bhitta. Post Office Police Station Thakurganj, District Kishanganj.
5. Jay dev Prasad Singh, Son of Panchu Lal Singh, Resident of Village
Bhendrani, P.O. and P.S. - Jiyapokhar, District - Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Principal Secretary, Personnel and Administrative Reforms Department,
Government of Bihar, Patna.
4. The Joint Secretary, Education Department, Govt. of Bihar, Patna.
5. The Director, Secondary Education, Govt. of Bihar, Patna.
6. The Director, Primary Education, Bihar, Patna.
7. The Deputy Director, Education Department, Govt. of Bihar, Patna.
8. The Regional Deputy Director of Education, Purnia Division, Purnia.
9. The District Magistrate, Kishanganj.
10. The Deputy Development Commissioner, Kishanganj.
11. The Deputy Collector (Establishment), Kishanganj.
12. The District Education Officer, Kishanganj.
13. The District Programme Officer, Kishanganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Sunil Kumar Mandal, AAG-12
: Ms. Bittu Kumari, AC to AAG-12
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 27-10-2026

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Heard learned Counsel for the petitioners and
learned Counsel for the State.
2. The present writ petition has been filed by the
petitioner with the following reliefs:
“ I. For issuance of an appropriate
writ in the nature of mandamus for commanding
and directing the respondent authorities concerned
to consider the case of the petitioners for their
absorption on class -IV post as all the petitioners
had discharged their duties for more than three
years under Non formal Education Programme in
the district of Kishanganj but in spite of fulfilling
all the eligibility criteria, they have not been
absorbed in service till date.
II. For issuance of an appropriate
writ in the nature of mandamus for commanding
and directing the respondent authorities concerned
to take a positive decision for absorption of the
petitioners in the light of several orders passed by
this Hon'ble High Court, as all the petitioners have
undisputedly discharged their duties as Instructors
under the Non-Formal Education Programme for
more than the benchmark period of three years,
possess valid experience certificates from the
District Programme Officer (Literacy),
Kishanganj, and have completed the requisite
Special Education Training. Hence, they fulfill all
eligibility criteria for absorption.

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III. For issuance of any other
appropriate writ/writs, order/orders,
direction/directions for which the writ petitioner
will be found entitled in the facts and
circumstances of the case. ”
3. Learned Counsel for the petitioners submits
that petitioners had earlier moved before this Hon’ble Court in
CWJC No. 16606 of 2021 which was disposed of vide order
dated 07.02.2024, thereafter, the petitioners have filed an
application before the District Education Officer, Kishanganj
thorugh one Ms. Priya Bharti, Assistant Director, Jan Siksha (as
contained in Annexure- P/9). Counsel submits that Annexure-
P/9 is the basis on which the petitioners are seeking the relief.
4. Learned Counsel for State seeks time to file
counter affidavit. It transpires to this Court that for the purpose
of deciding the present writ petition, the observation made by
this Hon’ble Court is very much necessary which is annexed as
Annexure-P/8. The observation of Hon’ble High Court is as
follows:
“ The learned counsel for the
petitioners submits that the issue under
consideration in the present petition has already
stood decided by a judgment rendered by the
learned Division Bench of this Court in Civil
Review No.59 of 2018, hence the present writ

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petition has been rendered infructuous, thus the
same be disposed off.
2. Accordingly, the present writ
petition stands disposed off. ”
5. In the light of the observation made by a co-
ordinate Bench of this Hon’ble Court in which the petitioners
were also the parties, this Court finds that no interference is
required in this writ petition. Accordingly, the present writ
petition stands dismissed.


(Dr. Anshuman, J)
Anjali/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.10.2026
Transmission Date NA