Niranjan Kumar vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12615 of 2026
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Niranjan Kumar Son of Rajnarayan Prasad Yadav, Resident of Village -Yadav
Nagar, Ward No. 7, P.O.- Murho, P.S.- Murliganj, District - Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Rural
Development, Government of Bihar, Patna.
2. The District Magistrate cum Chairman, District Water and Sanitation Samiti,
District - Madhepura.
3. The Deputy Development Commissioner cum Deputy Chairman, District
Water and Sanitation Samiti, District - Madhepura.
4. The Land Reforms Deputy Collector - cum- Senior In-Charge Officer, Block
- Murliganj, District - Madhepura.
5. The Block Development Officer, Block- Murliganj, District- Madhepura.
6. The Director, Accountant - cum - Member Secretary, District Water and
Sanitation Samiti, District - Madhepura.
7. The Mukhiya, Gram Panchayat- Nadhi, Block- Murliganj, District-
Madhepura.
8. The Panchayat Secretary, Gram Panchayat - Nadhi, Block- Murliganj,
District - Madhepura.
9. Ram Ratan Kumar Son of Abhinandan Yadav, Resident of Village - Nadhi,
P.O.- Murho, P.S. -Bharrahi (Madhepura), Block - Murliganj, District -
Madhepura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Jagjit Roshan, Advocate
Mr. Prashant Raj, Advocate
Mr. Prashant Raj, Advocate
Mr. Anjani Kumar, Advocate
For the Respondent/s : Mr. Sarvesh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 31-08-2026
Heard Mr. Jagjit Roshan, learned Advocate for the
petitioner and Mr. Sarvesh Kumar, learned Advocate for the
State.

Patna High Court CWJC No.12615 of 2026 dt.31-08-2026
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2. The petitioner is aggrieved with the part of the
order dated 18.12.2025 issued under the Memo No. 1919 dated
19.12.2025 as contained in Annexure P/19 passed by the Deputy
Development Commissioner cum Deputy Chairman, District
Water and Sanitation Samiti, Madhepura wherein a direction has
been given to the Respondent Nos. 6 and 7 to initiate fresh
Selection Process of Sanitation Supervisor of Gram Panchayat -
Nadhi, Murliganj, Madhepura. The prayer has also been made to
stay the fresh Selection Process of Sanitation Supervisor which
came to be initiated in the light of the aforesaid order dated
18.12.2025, as also the important notice issued under Letter No.
48 dated 06.01.2026 till the final adjudication of the writ
petition.
3. Learned Advocate for the petitioner informed the
Court that while the petitioner was working as Swachhatagrahi
(LSBA) in Murliganj block for so many years and on being found
his work satisfactory, a certificate was issued and, in the meanwhile,
under the policy of Lohiya Sanitation Bihar Abhiyan, a notice for
selection of Sanitation Supervisor and another post came into force.
T he petitioner, on being found eligible, applied for the post of
Sanitation Supervisor. However, the process for selection which was
carried out for appointment to the post of Sanitation Supervisor was

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marred with so many irregularities and, as such, the petitioner filed a
detailed representation before the Deputy Development
Commissioner, Madhepura on 15.12.2022, bringing on record all the
illegalities committed by the respondents in the Selection Process.
On account of such representation, the matter was inquired and
finally, on being found substance in the complaint of the petitioner,
the Deputy Development Commissioner, Madhepura came out with
the impugned order cancelling the entire selection process and
directed for fresh selection.
4. Notwithstanding the petitioner, being one of the
successful candidate, his candidature has not been considered for
selection after cancellation of selection of Respondent no. 8, albeit,
to the utter surprise to the petitioner the entire selection process
has been cancelled, which has caused serious prejudice to the right
and entitlement of the petitioner.
5. Mr. Jagjit Roshan, adverting to the aforesaid
facts and the averments made in the writ petition, however,
fairly submitted that since the respondent authorities also came
up with the important notice under Letter No. 48 dated
06.01.2026 inviting the applications for appointment to the post
of Sanitation Supervisor. On being found no way out, the
petitioner also applied for the said post vide Application No. 01

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dated 08.01.2026.
6. Learned Advocate for the State, at this juncture,
submitted that the petitioner has already applied in terms with
the new selection process. Hence, the continuation of the
present proceeding challenging the earlier order does not appear
to be sustainable as the challenge of the petitioner is barred by
the principle of estoppel.
7. This Court is also apprised by learned Advocate
for the petitioner that one of the candidate namely, Ram Ratan
Kumar, who has also been arrayed as Respondent No. 8 in the
present matter, filed a writ petition bearing CWJC No. 1963 of
2026; wherein the present petitioner has also filed an intervenor
application. In the aforenoted writ petition challenge has also
been made to the impugned order dated 18.12.2025, similar to
the present writ petition.
8. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note of
the fact that the petitioner has already submitted his application in
terms with the fresh Selection Process, the act of the challenge in
the present matter, prima facie, in the opinion of this Court is
barred by the principle of the estoppel and moreover, this Court also
doesn't find any illegality in the order whereby a fresh selection

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has been ordered to be carried out, in accordance with law.
9. In view thereof, the present writ petition stands
disposed off.
10. It is expected that the respondent authority shall
conclude the selection process in accordance with law
expeditiously.

(Harish Kumar, J)
siddharth/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.09.2026
Transmission Date NA