Patna High Court
Umesh Prasad Singh vs The State Of Bihar And Ors on 28 July, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15261 of 2009
======================================================
1. Shakuntala Kumari W/O Sri Sunder Lal Yadav Vill.- Goriyari, P.S.-
Salakhua, Distt.- Saharsa
2. Rajo Bharti D/O Late Shanker Chaudhary And W/O Sri Bindeshwari Chaud-
hari Village and P.O. and P.S. - Beldaur, Distt.- Saharsa, Presently Residing
In Village, P.O. And P.S.- Simri Bakhtiarpur, Distt.- Saharsa
3. Savitary Kumari D/O Late Ramji Chaudhary And W/O Sri Sachidanand
Chaudhary Vill.- Panchbhira, P.S.- Salakhua, Distt.- Saharsa, Presently Re-
siding In Village and P.O.- Goriyari, P.S.- Salakhua, Distt.- Saharsa, In Vil-
lage
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department Of Health
Services And Family Planning, Government Of Bihar, Patna
2. The Director-In-Chief Department Of Health Services And Family Planning,
Government Of Bihar, Patna
3. The Civil Surgeon-Cum-Chief Medical Officer Darbhanga
4. The In-Charge Medical Officer Primary Health Centre, Ghanshyampur,
Darbhanga
5. The In-Charge Medical Officer Primary Health Centre, Manigachhi, Darb-
hanga
6. The In-Charge Medical Officer Primary Health Centre, Keoti, Darbhanga
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14851 of 2009
======================================================
MOHAN SHARMA S/O Late Janeshwar Singh, R/O Vill-Laruwa, P.S-
Makhdumpur, Distt- Jehanabad
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR Through Chief Secretary, Govt. Of Bihar Old Sec-
retariat, Patna
2. The Secretary, Health Services, Govt. Of Bihar, Patna
3. The Director-In-Chief, Health Services, Govt. Of Bihar, Patna
4. The Director, Health Services, Govt. Of Bihar, Patna
5. The District Magistrate, Jehanabad
6. The Civil Surgeon, Jehanabad
7. The Civil Surgeon, Gaya
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
2/22
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15265 of 2009
======================================================
JATESH CHOUDHARY S/O Late Chandra Shekhar Choudhary R/O Bagha-
col, P.O. Basant Raji, Distt. Godda Jharkhand
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Commissioner-Cum-Secretary Health Deptt., Govt. Of Bihar, New Sec-
retariat Vikash Bhawan, Bailey Road, Patna
3. The Director-In-Chief Health Services, Directorate Of Health Services,
Health Deptt., Govt. Of Bihar, New Secretariat Vikash Bhawan, Bailey
Road, Patna
4. The Director Health Services, Directorate Of Health Services, Health Deptt.,
Govt. Of Bihar, New Secretariat Vikash Bhawan, Bailey Road, Patna
5. The Deputy Director Health Services, Directorate Of Health Services,
Health Deptt., Govt. Of Bihar, New Secretariat Vikash Bhawan, Bailey
Road, Patna
6. The Civil Surgeon-Cum-Chief Medical Officer Patna
7. The Incharge Medical Officer Health Centre, Fatuah, Patna
8. The Incharge Medical Officer Additional Primary Health Centre,
Khushrupur Fatua, Patna
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15333 of 2009
======================================================
RAJ BALLABH PRASAD S/O Late Jib Narayan Prasad R/O Vill-Mankipar,
P.S- Dhanarua, Distt- Patna
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Commissioner Cum Secretary Department Of Health, Government Of
Bihar, Patna
3. The Director In Chief, Health Services, Govt. Of Bihar, Patna
4. The Civil Surgeon Cum Chief Medical Officer, Katihar
5. In-Charge Medical Officer, Manihari, Katihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15382 of 2009
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
3/22
======================================================
UMESH PRASAD SINGH S/O Sri Badri Narain Singh R/Ovill Tetarain, P.S.
Dhibra, Distt- Aurangabad
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Principal Secretary, Health Medical Education And Family Welfare
Government Of Bihar, Patna
3. The Director In Chief, Health Services Government Of Bihar, Patna
4. The Civil Surgeon - Cum- Chief Medical Officer Aurangabad
5. The District Leprosy Eradication Officer Aurangabad
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15478 of 2009
======================================================
ABDUS SATTAR S/O Md. Rasul Bakhs R/O Vill.- Dhangawn P.S.- Palasi,
Distt.- Araria
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Chief Secretary Bihar, Patna
3. Secretary, Health Deptt., Govt. Of Bihar, Patna
4. Director In-Chief Health Deptt., Govt. Of Bihar, Patna
5. District Magistrate, Araria
6. Civil Surgeon Cum Chief Medical Officer, Araria Distt.- Araria
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15529 of 2009
======================================================
GANESH MOHAN YADAV S/O Late Sita Sharan Yadav Vill.- Radhakant,
P.S.- Basopatti, Distt.- Madhubani
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Director-In-Chief Health Services, New Secretariat, Vikash Bhawan,
Patna
3. The Regional Deputy Director Health Services, Darbhanga
4. The Civil Surgeon-Cum-Chief Medical Officer Begusarai
5. Civil Surgeon-Cum-Chief Medical Officer Darbhanga
6. The Incharge Medical Officer Primary Health Centre,Khajauli, Distt.- Mad-
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
4/22
hubani
7. The Incharge Medical Officer Primary Health Centre, Cheriya Barlarpur,
Distt.- Begusarai
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15530 of 2009
======================================================
RAJ KUMAR SINHA S/O Late Nathuni Prasad Sinha Vill.- Gorgama, P.S.-
Phulpras, Distt.- Madhubani
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Director-In-Chief Department Of Health Services And Family Planning,
Government Of Bihar, Patna
3. The Civil Surgeon-Cum-Chief Medical Officer Madhubani
4. The In-Charge Medical Officer Primary Health Centre, Ghoghardiha, Mad-
hubani
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15665 of 2009
======================================================
NAND LAL YADAV S/O Shri Laxman Yadav, R/O Vill- Gotahi, P.O- Atahar,
P.S- Bahadurpur, Distt- Darbhanga
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR Through The Principal Secretary, Department Of
Health and Family Welfare, Government Of Bihar, Patna
2. The Director-In-Chief, Health Services, Government Of Bihar, Patna
3. The Regional Dy. Director, Health Services, Darbhanga Division, Distt-
Darbhanga
4. The Civil Suregon-Cum-Chief Medical Officer, Madhubani, Distt- Mad-
hubani
5. The In-Charge Medical Officer, Primary Health Centre, Ladania, Distt-
Madhubani
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15714 of 2009
======================================================
MD.MOJIBUR RAHMAN S/O S.K.Sirman Ali, R/O Vill- Masuria, For-
sadangi, P.S- Jokihat, Distt- Araria
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
5/22
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Chief Secretary, Bihar, Patna
3. Secretary, Health Department, Bihar, Patna
4. Director, Health Department, Government Of Bihar, Patna
5. District Magistrate, Araria, Distt- Araria
6. Civil Surgeon-Cum-Chief Medical Officer, Araria, Distt- Araria, Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15839 of 2009
======================================================
MD.RAZANOOR S/O Md. Samidur Rahman R/Ovill Bhagwanpur, P.S. Joki-
hat, Distt- Araria
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Secretary , Health Department Government Of Bihar, Patna
3. Director , Health Department Bihar, Patna
4. District Magistrate Araria , Distt- Araria
5. Civil Surgeon- Cum- Chief Medical Officer Araria , Distt- Araria
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15876 of 2009
======================================================
1. SANJAY KUMAR SINHA and ORS S/O Sri Deo Niti Prasad R/O Warsali-
ganj, P.S.- Warsaliganj, Distt.- Nawada, Presently Residing At Madhusudan
Colony, Ghughri Tar, P.S.- Civil Lines, Distt.- Gaya
2. Safdar Ali S/O Gulam Mohammad R/O Vill.- Sadipur, P.S.- Chakand, Distt.-
Gaya
3. Gyaneshwar Prakash Sinha S/O Sri Madan Mohan Prasad R/O Vill.-
Bardiha, P.S.- Civil Lines, Distt.- Gaya
4. Sheo Kumar Paswan S/O Sri Vishnu Paswan R/O Vill.P.S.- Deshna, Distt.-
Nalanda
5. Rajeev Kumar Sinha S/O Madan Mohan Prasad R/O Ghughri Tar, P.S.- Civil
Lines, Distt.- Gaya
... ... Petitioner/s
Versus
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
6/22
1. THE STATE OF BIHAR
2. The Secretary, Deptt. Of Health, Govt. Of Bihar, Patna
3. Director-In-Chief, Health Services, Bihar
4. Civil Surgeon-Cum-Chief Medical Officer, Gaya
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15878 of 2009
======================================================
1. MD.SALAHUDDIN and ANR S/O Ghulam Sarfuddin R/O Vill.- Bara, P.S.-
Chandauti, Distt.- Gaya
2. Hyder Ali S/O Ghulam Mohammad R/O Vill.- Sadipur, P.S.- Chandauti,
Distt.- Gaya
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Secretary, Health Services, Govt. Of Bihar, Patna
3. The Director-In-Chief, Health Services, New Secretariat, Patna
4. The State Of Jharkhand Through Its Health Secretary, Ranchi
5. The Civil Surgeon-Cum-Chief Medical Officer, Dhanbad
6. The Incharge Medical Officer, Leporacy Control Unit, Govindpur, Dhanbad
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15926 of 2009
======================================================
DEBNARAYAN PRASAD S/O Late Suraj Prasad R/Omoh Suratganj, P.O.
Madhubani, P.S. Madhubani, DisttTown Madhubani
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Director - In- Chief , Health Services Govt. Of Bihar, Patna
3. The Civil Surgeon - Cum - Chief Medical Officer Madhubani
4. The Regional Deputy Director , Health Services Darbhanga Division, Darb-
hanga
5. Incharge Medical Officer, Primary Health Centre Gohardiha,Distt- Mad-
hubani
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15990 of 2009
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
7/22
======================================================
1. NAGINA DEVI W/O Sri Atmanand Jha R/O Vill.- Goimishra Lagma, P.O.-
Salepur Lagma, P.S.- Ghanshyampur, Distt.- Darbhanga
2. Atmanand Jha S/O Sri Anirudh Jha R/O Vill.- Goimishra Lagma, P.O.-
Salepur Lagma, P.S.- Ghanshyampur, Distt.- Darbhanga
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Director In Chief, Health Services, Govt. Of Bihar, Patna
3. The Regional Deputy Director, Health Services, Darbhanga
4. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16092 of 2009
======================================================
1. RABINDRA KUMAR RAMAN S/O Sri Yogendra Kumar, R/O Vill-
Chapram, P.O-Biraul, P.S-Madhepur, Distt- Madhubani
2. Shashi Bhushan Prasad Suman S/O Sri Ram Narayan Yadav R/O Vill-Bisan-
pur, P.O- Kalikapur, P.S-Madhepur, Distt- Madhubani
3. Ram Bilash Yadav S/O Ram Prasad Yadav R/O Vill And P.O- Helhi Via Nir-
mali Block- Marauna, P.S- Nirmali, Distt- Supaul
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Chief Secretary, Government Of Bihar, Patna
3. The Commissioner Cum Secretary, Health Services Government Of Bihar,
Patna
4. The Civil Surgeon Cum Chief Medical Officer, Madhubani
5. The Incharge Medical Officer, Primary Health Centre Ghoghardiha, P.S-
Ghoghardiha, Distt- Madhubani
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16213 of 2009
======================================================
BECHAN YADAV S/O Sri Mahanth Yadav Vill- Balha, P.O. Balha, P.S. Raj-
nagar, Distt. Madhubani
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
8/22
2. The Director-In-Chief Health Services, Govt. Of Bihar, Patna
3. The Regional Deputy Director Health Services, Darbhanga
4. The Civil Surgeon-Cum-Chief Medical Officer Madhubani
5. The Incharge Medical Officer Primary Health Centre, Lokhi, Distt. Mad-
hubani
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16227 of 2009
======================================================
FULDEO KAMAT S/O Sri Jageshwar Kamat, R/O Vill- Bodai, P.S-Lakhnour,
Distt- Madhubani
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Chief Secretary Governement Of Bihar, Patna
3. The Commissioner-Cum-Secretary, Health Services Government Of Bihar,
Patna
4. The Civil Surgeon Cum Chief Medical Officer, Madhubani
5. The Incharge Medical Officer, Primary Health Centre Ghoghardiha, P.S-
Ghoghardiha, Distt- Madhubani
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16443 of 2009
======================================================
SHASHI BHUSHAN BHARTI S/O Shri Bhola Prasad Vill- Thathari, P.O.
Jalsain, P.S. Rudrapur Andhrathadhi, Distt. Madhubani
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Chief Secretary Govt. Of Bihar, Patna
3. The Commissioner-Cum-Secretary Health Services, Govt. Of Bihar, Patna
4. The Civil Surgeon Cum Chief Medical Officer Madhubani
5. The Incharge Medical Officer Primary Health Centre, Ghoghardiha, P.S.
Ghoghardiha, Distt. Madhubani
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 15261 of 2009)
For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate
For the Respondent/s : Mr. Nalin Vilochan Tiwary, AC to GA-9
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
9/22
(In Civil Writ Jurisdiction Case No. 14851 of 2009)
For the Petitioner/s : Mr. Baxy S.R.P. Sinha, Sr. Advocate
Mr. Vinod Kumar, Advocate
For the Respondent/s : Mr.Neetu Jha, AC to GA-12
(In Civil Writ Jurisdiction Case No. 15265 of 2009)
For the Petitioner/s : Mr. S.K.Verma, Advocate
For the Respondent/s : Mr. Manoj Kumar Yadav, AC to GA-10
(In Civil Writ Jurisdiction Case No. 15333 of 2009)
For the Petitioner/s : Mr.Rajib Ranjan Jha
For the Respondent/s : Mr.Aag3
(In Civil Writ Jurisdiction Case No. 15382 of 2009)
For the Petitioner/s : Mr. Gajanan Arun, Advocate
For the Respondent/s : Mr. Vishwambhar Prasad, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 15478 of 2009)
For the Petitioner/s : Md. Ziaul Quamar, Advocate
For the Respondent/s : Mr. Sc9
(In Civil Writ Jurisdiction Case No. 15529 of 2009)
For the Petitioner/s : Mr.Saroj Kumar
For the Respondent/s : Mr.Aag1
(In Civil Writ Jurisdiction Case No. 15530 of 2009)
For the Petitioner/s : Mr.Suraj Narain Yadav
For the Respondent/s : Mr.Gp12
(In Civil Writ Jurisdiction Case No. 15665 of 2009)
For the Petitioner/s : Mr. Madhu Prasun, Advocate
For the Respondent/s : Mr. Ajay Behari Sinha, GA-8
(In Civil Writ Jurisdiction Case No. 15714 of 2009)
For the Petitioner/s : Md. Ziaul Quamar, Advocate
For the Respondent/s : Mr.Dinesh Mahory, AC to AAG-11
(In Civil Writ Jurisdiction Case No. 15839 of 2009)
For the Petitioner/s : Md. Ziaul Quamar, Advocate
For the Respondent/s : Mr.Raghwanand, GA-11
Mr. Pratik Kumar, AC to GA-11
(In Civil Writ Jurisdiction Case No. 15876 of 2009)
For the Petitioner/s : Mr.Vivek Prasad
For the Respondent/s : Mr.Aag10
(In Civil Writ Jurisdiction Case No. 15878 of 2009)
For the Petitioner/s : Ms. Roona, Advocate
For the Respondent/s : Mr.Aag8
For the State of Jharkhand: Mr. Maruth Singh, Advocate
(In Civil Writ Jurisdiction Case No. 15926 of 2009)
For the Petitioner/s : Mr. Satish Chandra Jha, Advocate
For the Respondent/s : Mr. Rohitabh Das, AC to AAG-13
(In Civil Writ Jurisdiction Case No. 15990 of 2009)
For the Petitioner/s : Mr.Pushpa Rani
For the Respondent/s : Mr.Gp10
(In Civil Writ Jurisdiction Case No. 16092 of 2009)
For the Petitioner/s : Mr.Hriday Narayan Harshit
For the Respondent/s : Mr.Gp1
(In Civil Writ Jurisdiction Case No. 16213 of 2009)
For the Petitioner/s : Mr.Satish Chandra Jha
For the Respondent/s : Mr.Aag6
(In Civil Writ Jurisdiction Case No. 16227 of 2009)
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14
(In Civil Writ Jurisdiction Case No. 16443 of 2009)
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the Respondent/s : Mr. Manoj Kumar Ambastha, SC-26
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
10/22
Mr. Subodh Kumar AC to SC-26
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 28-07-2025
4 28-07-2025
Learned Counsel for the petitioners in all the writ pe-
titions and learned Counsel for the State in all the writ petitions
are present.
2. It has been jointly submitted that the matter directly
and substantially in issue has traveled up to Hon’ble Supreme of
India and finally concluded on 17.10.2019 in favour of the State
in the case of State of Bihar v. Devendra Sharma Civil Appeal
No.7879 of 2019, arising out of SLP (Civil) No.11885 of 2012,
reported in (2020) 15 SCC 466 :2019 INSC 1157. In the said
judgment it has been observed in paragraphs 29 to 46 which
states as follows:-
“29. On the basis of the abovesaid
circulars and the government orders, it is ar-gued that the appointing authority of Class III
and Class IV posts is Director, Health Services.
However, there was some delegation in respect
of certain other administrative matters but
there was no delegation in respect of appoint-
ment against Class III and Class IV category
posts. The powers conferred on Assistant Direc-
tor in terms of Clause 13(c) of Chapter I of the
Bihar Health Manual empowers Assistant Direc-
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
11/22tor (Public Health) to appoint non-gazetted epi-
demic staff like Health Assistants and Vaccina –
tors against sanctioned posts but only in case of
emergency. A finding has been recorded in Ash-
wani Kumar [Ashwani Kumar v. State of Bihar,
(1997) 2 SCC 1 : 1997 SCC (L&S) 267] that 2250
posts were sanctioned whereas 6000 appoint-
ments were made. The tuberculosis eradication
under the 20-Point Programme was not an
emergency activity which may empower the As-
sistant Director to make large number of ap-
pointments but again such emergent powers
could be exercised only in respect of sanctioned
posts.
30. The exception in respect of ap-
pointing authority came with the Circular dated
3-12-1980 which contemplated that suitable
candidates be selected as per requirement from
common merit list by the competent authorities
of Secretariat and attached offices; District Col-
lector and equivalent officer in charge of the di-
visional offices. Dr Mallick, Deputy Director in
the subordinate offices of the Directorate of
Health Services was not competent to make ap-
pointments against Category III or Category IV
posts in view of the provisions of the Manual as
also in terms of the Circular dated 3-12-1980
recorded by this Court in Ashwani Kumar [Ash-
wani Kumar v. State of Bihar, (1997) 2 SCC 1 :
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
12/221997 SCC (L&S) 267] as well.
31. Though, certain appointments
have been made by the Civil Surgeon which Mr
Mukherjee does not dispute as he was the com-
petent authority but it is argued that none of
the requirements to fill up the public post was
adhered to. Appointments were made to the
public posts without following any procedure
and without there being any sanctioned post.
32. An argument was raised on be-
half of the learned counsel for the employees
that some of the appointments have been made
by Regional Deputy Director as four posts of As-
sistant Director were converted into that of Re-
gional Deputy Director. We do not find any
merit in the said argument. The post of Assis-
tant Director was provided in the Directorate of
Health Services with no delegation of appoint-
ment except in the case of emergency against
sanctioned posts. Such Regional Deputy Direc-
tor has not been conferred power of appoint-
ment against Class III and Class IV posts. There-
fore, the Assistant Director was incompetent to
make appointments against the sanctioned
posts except in emergent cases and so is Re-
gional Deputy Director.
33. In Ashwani Kumar [Ashwani Ku-
mar v. State of Bihar, (1997) 2 SCC 1 : 1997 SCC
(L&S) 267] , this Court has dealt with the ap-
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
13/22
pointments made against Class III and IV cate-
gory posts in the Health Department itself. The
reasoning recorded therein is that the appoint-
ments have been proved to be made not
against the sanctioned posts and in a manner,
which is wholly arbitrary, capricious and, there-
fore, employees will not get any right to seek
regularisation of their services.
34. In civil appeal arising out of SLP
(Civil) No. 20033 of 2012, the respondent was
appointed by Dr A.A. Mallick. Such appoint-
ments have been found to be illegal by this
Court in Ashwani Kumar [Ashwani Kumar v.
State of Bihar, (1997) 2 SCC 1 : 1997 SCC (L&S)
267] . We find that there is no reason to re-ex-
amine the appointments made by Dr A.A.
Mallick. Such appointments have been ad-
versely commented upon in Ashwani Kumar
case [Ashwani Kumar v. State of Bihar, (1997) 2
SCC 1 : 1997 SCC (L&S) 267] . Therefore, no right
will accrue in favour of the respondent. Conse-
quently, the appeal arising out of SLP (Civil) No.
20033 of 2012 is allowed and the order passed
by the High Court is set aside.
35. Lastly, it is argued that employ-
ees have been working for many years, some
for more than 25 years, therefore, humanitar-
ian view should be taken to set aside the order
of termination and regularise their services so
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
14/22
as to make them entitled to pension and other
retirement benefits.
36. We do not find any merit in the
said argument. A Full Bench of the High Court in
Rita Mishra v. Director, Primary Education [Rita
Mishra v. Director, Primary Education, 1987
SCC OnLine Pat 159 : AIR 1988 Pat 26 : 1988
Lab IC 907 : 1987 BBCJ 701] while dealing with
appointment in the Education Department
claiming salary despite the fact that letter of ap-
pointment was forged, fraudulent or illegal, de-
clined such claim. It was held that the right to
salary stricto sensu springs from a legal right to
validly hold the post for which salary is claimed.
It is a right consequential to a valid appoint-
ment to such post. Therefore, where the very
root is non-existent, there cannot subsist a
branch thereof in the shape of a claim to
salary. The rights to salary, pension and other
service benefits are entirely statutory in nature
in public service. Therefore, these rights, includ-
ing the right to salary, spring from a valid and
legal appointment to the post. Once it is found
that the very appointment is illegal and is non
est in the eye of the law, no statutory entitle-
ment for salary or consequential rights of pen-
sion and other monetary benefits can arise.
37. Such judgment of the Full Bench
was approved by the three-Judge Bench of this
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
15/22
Court in R. Vishwanatha Pillai v. State of Kerala
[R. Vishwanatha Pillai v. State of Kerala, (2004)
2 SCC 105 : 2004 SCC (L&S) 350] . This Court
held as under: (SCC p. 116, paras 17-18)
“17. The point was again examined
by a Full Bench of the Patna High Court in Rita
Mishra v. Director, Primary Education [Rita
Mishra v. Director, Primary Education, 1987
SCC OnLine Pat 159 : AIR 1988 Pat 26 : 1988
Lab IC 907 : 1987 BBCJ 701] . The question
posed before the Full Bench was whether a pub-
lic servant was entitled to payment of salary to
him for the work done despite the fact that his
letter of appointment was forged, fraudulent or
illegal. The Full Bench held: (SCC OnLine Pat
para 13: AIR p. 32, para 13)
’13. It is manifest from the above
that the rights to salary, pension and other ser-
vice benefits are entirely statutory in nature in
public service. Therefore, these rights, including
the right to salary, spring from a valid and legal
appointment to the post. Once it is found that
the very appointment is illegal and is non est in
the eye of the law, no statutory entitlement for
salary or consequential rights of pension and
other monetary benefits can arise. In particular,
if the very appointment is rested on forgery, no
statutory right can flow from it.’
18. We agree with the view taken by the Patna
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
16/22
High Court in the aforesaid cases.”
38. The appointments made have been exam-
ined by five-member Committee. 91 candidates
have been found to be a case of irregular ap-
pointment. Such candidates are continuing in
service. None of the candidates in the present
set of appeals could point out that they were
appointed in a manner meant for filling up of
vacant post of public appointment i.e. by adver-
tisement and by giving opportunity to all eligi-
ble candidates to apply.
39. This Court in State of Jharkhand v. Manshu
Kumbhkar [State of Jharkhand v. Manshu
Kumbhkar, (2007) 8 SCC 249 : (2007) 2 SCC
(L&S) 878] , while allowing of the appeal of the
State found that the respondent was not spon-
sored by the employment exchange. There was
no advertisement and there was not even any
properly constituted committee to make the se-
lection.
40. This Court in State of Bihar v. Upendra
Narayan Singh [State of Bihar v. Upendra
Narayan Singh, (2009) 5 SCC 65 : (2009) 1 SCC
(L&S) 1019] allowed the appeal of the State and
that Section 4 of the Employment Exchanges
(Compulsory Notification of Vacancies) Act,
1959 casts a duty on the employer in every es-
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
17/22
tablishment in public sector in the State or a
part thereof to notify every vacancy to the em-
ployment exchange before filling up the same.
41. This Court in Union of India v. Raghuwar Pal
Singh [Union of India v. Raghuwar Pal Singh,
(2018) 15 SCC 463 : (2018) 2 SCC (L&S) 823] was
examining a case, where the appointment letter
came to be issued without approval of the com-
petent authority, then whether such appoint-
ment letter issued to the respondent, would be
a case of nullity or a mere irregularity? If it is a
case of nullity, affording opportunity to the in-
cumbent would be a mere formality and non-
grant of opportunity may not vitiate the final
decision of termination of his services. This
Court held that in absence of prior approval of
the competent authority, the Director In-charge
could not have hastened issuance of the ap-
pointment letter. The act of commission and
omission of the Director In-charge would, there-
fore, suffer from the vice of lack of authority
and nullity in law.
42. In Nidhi Kaim v. State of M.P. [Nidhi Kaim v.
State of M.P., (2017) 4 SCC 1 : 8 SCEC 377] , a
three-Judge Bench was dealing with admission
of students to MBBS course on the basis of ille-
gal and unfair admission process. The Court
held as under: (SCC pp. 64-65 & 70, paras 92,
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
18/22
94 & 108)
“92. … Having given our thoughtful considera-
tion to the above submission, we are of the con-
sidered view that conferring rights or benefits
on the appellants, who had consciously partici-
pated in a well thought out, and meticulously
orchestrated plan, to circumvent well laid down
norms, for gaining admission to the MBBS
course, would amount to espousing the cause
of “the unfair”. It would seem like allowing a
thief to retain the stolen property. It would
seem as if the Court was not supportive of the
cause of those who had adopted and followed
rightful means. Such a course would cause peo-
ple to question the credibility of the justice-de-
livery system itself. The exercise of jurisdiction
in the manner suggested on behalf of the appel-
lants would surely depict the Court’s support in
favour of the sacrilegious. It would also com-
promise the integrity of the academic commu-
nity. We are of the view that in the name of do-
ing complete justice it is not possible for this
Court to support the vitiated actions of the ap-
pellants through which they gained admission
to the MBBS course.
***
94. … Even in situations where a juvenile in-
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
19/22
dulges in crime, he has to face trial, and is sub-
jected to the postulated statutory conse-
quences. Law, has consequences. And the con-
sequences of law brook no exception. The ap-
pellants in this case, irrespective of their age,
were conscious of the regular process of admis-
sion. They breached the same by devious
means. They must therefore, suffer the conse-
quences of their actions. It is not the first time
that admissions obtained by deceitful means
would be cancelled. This Court has consistently
annulled academic gains arising out of wrong-
ful admissions. Acceptance of the prayer made
by the appellants on the parameter suggested
by them would result in overlooking the large
number of judgments on the point. Adoption of
a different course, for the appellants, would
trivialise the declared legal position. Reference
in this behalf may be made to the judgments re-
lied upon by the learned counsel representing
Vyapam.
***
108. … In the facts and circumstances of the
case in hand, it would not be proper to legit-
imise the admission of the appellants to the
MBBS course in exercise of the jurisdiction
vested in this Court under Article 142 of the
Constitution. We, therefore, hereby decline the
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
20/22
above prayer made on behalf of the appel-
lants.”
43. In another three-Judge Bench judgment in
Food Corpn. of India v. Jagdish Balaram Bahira
[Food Corpn. of India v. Jagdish Balaram
Bahira, (2017) 8 SCC 670 : (2017) 2 SCC (L&S)
708] , the Court was examining the conse-
quences of false caste certificate produced to
seek appointment. The Court held as under:
(SCC pp. 731-32, para 69)
“69. For these reasons, we hold and declare
that:
***
69.3. The decisions of this Court in R. Vish-
wanatha Pillai [R. Vishwanatha Pillai v. State of
Kerala, (2004) 2 SCC 105 : 2004 SCC (L&S) 350]
and in Dattatray [Union of India v. Dattatray,
(2008) 4 SCC 612 : (2008) 2 SCC (L&S) 6] which
were rendered by Benches of three Judges laid
down the principle of law that where a benefit
is secured by an individual–such as an ap-
pointment to a post or admission to an educa-
tional institution–on the basis that the candi-
date belongs to a reserved category for which
the benefit is reserved, the invalidation of the
caste or tribe claim upon verification would re-
sult in the appointment or, as the case may be,
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
21/22
the admission being rendered void or non est.
***
69.7. Withdrawal of benefits secured on the ba-
sis of a caste claim which has been found to be
false and is invalidated is a necessary conse-
quence which flows from the invalidation of the
caste claim and no issue of retrospectivity
would arise;”
44. In view of the aforesaid judgments, it can-
not be said that the appointment of the em-
ployees in the present set of appeals were irreg-
ular appointments. Such appointments are ille-
gal appointment in terms of the ratio of the
Supreme Court judgment in Umadevi (3) [State
of Karnataka v. Umadevi (3), (2006) 4 SCC 1 :
2006 SCC (L&S) 753] . As such appointments
were made without any sanctioned post, with-
out any advertisement giving opportunity to all
eligible candidates to apply and seek public em-
ployment and without any method of recruit-
ment. Such appointments were back door en-
tries, an act of nepotism and favouritism and
thus from any judicial standards cannot be said
to be irregular appointments but are illegal ap-
pointments in wholly arbitrary process.
45. In light of the above discussion, we find that
the order dated 12-7-2011 [State of Bihar v. De-
Patna High Court CWJC No.15261 of 2009 dt.28-07-2025
22/22
vendra Sharma, 2011 SCC OnLine Pat 1580] or
other similar orders passed by the High Court
cannot be sustained in law and, thus, are set
aside. The appeals filed by the State are al-
lowed.
46. We do not find any error in the order of the
High Court dated 24-9-2014 [State of Bihar v.
P.S. Dhaka, 2014 SCC OnLine Pat 2636] , and,
therefore, the appeals filed by the candidates
against such order are dismissed. The pending
applications, if any, shall stand disposed of.”
3. All the matters are relating to appointment of the
petitioners at Class-III and Class-IV post in health Services,
Government of Bihar.
4. In the light of the discussions made by the Hon’ble
Supreme Court of India in the case of State of Bihar & Others
Vs. Devendra Sharma (Supra), this Court is of the firm view
that all the writ petitions have become infructuous and, hence,
all the writ petitions are dismissed as infructuous.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR CAV DATE NA Uploading Date 29.07.2025 Transmission Date