IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21762 of 2013 ======================================================

1. Shankar Choudhary and Anr S/O Late Babu Lal Choudhary Resident Of Kagji Mohalla, P.O- Biharsarif, P.S-Biharsharif, Ditrict- Nalanda.

2. Mahesh Kumar Ravidas S/O Late Baiju Das Resident Of Mohalla-

Bhaisasur, P.O- Biharsharif, P.S- Biharsharif, District- Nalanda.

... ... Petitioner/s Versus

1. The State Of Bihar

2. The Registrar General, Patna High Court, Patna.

3. The Civil Court, Biharsharif, Nalanda Through Its Registrar.

4. The Registrar Civil Court, Biharsarif, Nalanda.

5. Dharmendra Kumar S/O Suresh Paswan Resident Of Mohalla-

Mohammadpu, P.O- Biharsarif, P.S- Biharsarif, District- Nalanda ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Anil Kumar Sinha, Adv.

Mr. Ankit Katriar, Adv.

Mr. Rishi Sinha, Adv.

For the Respondent/s : Mr. Prashant Pratap, Adv.

Mr. Shadwal Harsh, AC to GP-2 ======================================================

CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

ORAL JUDGMENT

Date : 12-02-2026

1. The Writ petition has been consider the claim of the petitioners and to direct the respondents to promote the petitioners in the Higher Grade from Class-IV to Class-III in reserved category of Scheduled Castes, on the basis of seniority. It is further prayed for issuance of consequential writ in the nature of Certiorari for quashing the appointment of the respondent No. 5, by promotion to Class-III post on the ground that he did not fulfill the eligibility criteria prescribed under the notice.

2. The brief facts, as culled out from the Writ petition, are that the petitioners have been working for the last 23 years on Class-IV post in the Judgeship, Nalanda. It is contended that non- consideration of their claims for promotion is arbitrary and unreasonable, inasmuch as they belong to Scheduled Caste, as per the terms of Circular issued by Government of Bihar, and that they are entitled for reservation in promotion, on the basis of seniority. According to the petitioners, consideration of their candidature on the basis of of merit-cum-seniority list will not amount to proper consideration of their claim for promotion, as they belong to reserved category and not on the basis of seniority alone.

3. The petitioner No. 1 was appointed under Scheduled Castes category to a Class-IV post on 27.07.1990 in the Civil Court, Rohtas, Sasaram. He was transferred to the Civil Court, Biharsharif, Nalanda in the year 1992, and since then he has been working and has completed 23 years of continuous service of Class-IV post.

4. Petitioner No. 2 was appointed to a Class-IV post on 06.12.1990 in Civil Court, Biharsharif, Nalanda and has also completed 23 years of service in the said post. Both the petitioners are graduates and possess the prescribed educational qualification and other eligibility required for promotion.

5. The Government of Bihar issued a resolution bearing Memo No. 11/Aa. Nyay- 03/2012/11635 Sa. Pra. Dated 21.08.2012 providing for reservation to SC/ST candidates in promotion on the basis of seniority alone.

6. As per the eligibility criteria, a candidate was required to have completed three years of service in a Class-IV post and to possess graduation degree. The notice further provided that promotion would be made on the basis of written examination as well as oral interview of the candidates.

7. The petitioners, being eligible for promotion, participated in the written examination. However, they could not compete in the competitive examination. The petitioners respectfully submits that they completed their graduation in between 1980s and 1990s and it was very difficult for them to compete with the candidates who have graduated recently and were in touch with the relevant subjects. The petitioners were made to appear in the written examination comprising questions in English, Hindi, Mathematics and General Knowledge,