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2026 DAILYLAW 9714 (PAT)

Sudhir Kumar v. The State of Bihar

CWJC/4651/2026 · 2026-03-30

Anshuman

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4651 of 2026 ====================================================== 1. Sudhir Kumar S/o Shri Singheshwar Das, R/V- Narahia, P.S.- Narahia, Dist- Madhubani. 2. Sanjeev Kumar, S/o Late Ram Anup Ray, R/V- Gangapur, P.S.- Musarigharari, Dist- Samastipur. 3. Afshan Zarrin, D/o- Ahsanul Hoda, R/V- Baitul Hoda Khan Chouk, P.O.- Lalbagh, P.S.- Laheriasarai, Dist- Darbhanga. 4. Md. Zafar Alam, S/o- Md. Azizul Haque, R/V- Rahamatbagh, P.S.- Nathnagar, Dist- Bhagalpur. ... ... Petitioner/s Versus 1. The State of Bihar through Secretary, Department of Science and Technology, Government of Bihar, Patna. 2. The Secretary, Science and Technology Department, Government of Bihar, Patna. 3. The Director, Science and Technology Department, Government of Bihar, Patna. 4. The Secretary, State Board of Technical Education 4th Floor Technology Bhawan Visheshwaraiya Bhawan, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Respondent/s : Mr. Government Advocate (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 30-03-2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The present writ petition has been filed for the following relief/s:- “I. For issuance of an appropriate writ, order, direction to the respondents to obey their own order bearing Memo No. 3443 dated Patna High Court CWJC No.4651 of 2026(2) dt.30-03-2026 2/4 09.08.2024 by they decided that teachers appointed in Govt. Polytechnic College/ Govt. Polytechnic Institutes and Govt. Polytechnic Colleges, on contract basis will be entitled for two holidays i.e. Summer vacation and X-mas holiday leave including general leave equal to the regular teachers. II. For issuance of appropriate writ, order, direction to the respondents that any action of the respondents to not providing equal holidays in favour of lecturers appointed on contract bass to that of regular lecturers / teachers in Govt. Polytechnic Colleges of State of Bihar is a discrimination in this respect of holidays. III. For issuance of an appropriate writ, order, direction to the respondents not to force the petitioners being Lecturer appointed on contract basis in Govt. Polytechnics of State of Bihar to remain present in this College / Institution during the period of holidays prescribed for the regular teachers/ lecturers. IV. For issuance of any appropriate writ, order, direction for which petitioners are found entitled for under the facts stated in this application.” 3. After some argument, learned counsel for the petitioners seek permission to withdraw the present writ petition Patna High Court CWJC No.4651 of 2026(2) dt.30-03-2026 3/4 with liberty to file representation before the Secretary, State Board of Technical Education, 4th Floor Technology Bhawan Visheshwaraiya Bhawan, Patna (Respondent no.4). 4. Learned counsel for the State submits that by virtue of the present writ petition, the petitioners have demanded relief for implementation of Memo No. 3443 dated 09.08.2024. He submits that according to his information, the said order contained in Memo No. 3443 dated 09.08.2024 has already amended and corrigendum has been issued which is contained in Letter No. 221 dated 09.01.2026 (Annexure-P/7). 5. In the light of the submissions made as well as prayers made in the writ petition, it transpires to this Court that the petitioners have demanded relief of Mandamus, but no representation has been filed. 6. As such, this Court without entering into the merit or demerit of this case hereby directs the petitioners to file their representation along with a copy of this order before the Secretary, State Board of Technical Education, 4th Floor Technology Bhawan Visheshwaraiya Bhawan, Patna (Respondent no.4), within 30 days. Upon receipt of the same, the Respondent no.4 is directed to pass a reasoned and speaking order within 90 days thereafter. Patna High Court CWJC No.4651 of 2026(2) dt.30-03-2026 4/4 7. Accordingly, with the aforesaid direction, this writ petition stands disposed off. Divyansh/- (Dr. Anshuman, J) U