Patna High Court
Satish Chandra Pathak vs The State Of Bihar on 21 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4911 of 2023
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1. Satish Chandra Pathak S/o Harishchandra Pathak, R/o Village and P.O.-
Vaisi, Baisi, P.S.- Karjain Bazar, District- Supaul.
2. Sanjay Kumar Srivastava S/o Shashi Bhushan Prasad, R/o Mohalla-
Bazitpur, P.O.- Shubhankarpur, P.S.- Laheriasarai, District- Darbhanga.
3. Sunil Kumar Pandey S/o Late Ganesh Prasad Pandey, R/o Mohalla-
Dilkhush Bagh, Ram bagh, P.S.- LNMU Campus, District- Darbhanga.
4. Sunil Kumar Jha S/o Baidyanath Jha, R/o Balbhadrapur, Ramanand Path,
near Hanuman Mandir, P.S.- Laheriasarai, District- Darbhanga.
5. Mukesh Kumar Srivastav S/o Late Jageshwar Prasad, R/o Mohalla-
Uspandiyarpur, Abhanda, P.S.- Laheriasarai, District- Darbhanga.
6. Lal Babu Paswan S/o Late Mahensra Paswan, R/o Village- Raghepura, P.S.-
Bahadurpur, District- Darbhanga.
7. Md. Salahuddin S/i Md. Iliyas, R/o Mohalla- Jakirakhan, Ward No. 30,
Neem Chowk, P.S.- Laheriasarai, District- Darbhanga.
8. Subhash Chandra Bhandari S/o Late Raj Lal Bhandari, R/o Village-
Pathrahi, P.S.- Ladaniyan, District- Madhubani.
9. Satyanand Mishra S/o Late Jitendra Narayan Mishra, R/o Mohalla-
Poshanpura, Kabirchak, Near Salhesh Mandir, P.S.- sadar, District-
Darbhanga.
10. Ashok Kumar S/o Mukhtar Sahu, R/o Village- Dhamaura, Alinagar, P.S.
Alinagar, District- Darbhanga.
11. Rakesh Kumar Jha S/o Late Bindeshwar Jha, R/o Mohalla Bela Dulah, P.S.-
LNMU Campus, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. Principal Secretary, Finance Department, Govt. of Bihar, Patna.
4. Director, Primary Education, Bihar, Patna.
5. Regional Deputy Director of Education, Darbhanga Division, Darbhanga.
6. District Education Officer, Darbhanga.
7. District Program Officer (Establishment), Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Baidya Nath Thakur, Advocate
For the Respondent/s : Mr. Prabhakar Jha ( Gp 27 )
Mr. Umesh Narayan Dubey, AC to GP- 27
Patna High Court CWJC No.4911 of 2023 dt.21-08-2025
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CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 21-08-2025
Heard learned counsel for the parties.
2. This writ petition has been filed by 11 petitioners,
who are the Headmasters of different schools in the district of
Darbhanga, praying for promotion to the post of TGT (Science)
Grade - 4, and then for promotion from TGT (Science) Grade- 4 to
the post of Headmaster with effect from the date of their
entitlement.
3. The respondents have not yet filed counter affidavit.
4. The learned counsel for the petitioners has submitted
that since the State respondents have not filed counter affidavit
despite two opportunities granted to the State respondents to file
the counter affidavit, this writ petition may be disposed off at this
stage itself by directing the respondent authorities to consider the
case of the petitioners for promotion to the post mentioned above
with effect from the date of their entitlement.
5. The learned counsel for the petitioner has submitted
that the service conditions of the petitioners are governed by Bihar
Taken Over Elementary School Teachers Promotion Rules, 2011.
Patna High Court CWJC No.4911 of 2023 dt.21-08-2025
6. Under the aforesaid circumstances, and as prayed for
by the learned counsel for the petitioners, this writ petition is
hereby disposed off with a direction to the respondent authorities
to consider the case of the petitioners for promotion to the post of
TGT (Science) Grade - 4, and then to the post of Headmaster, with
effect from the date of their entitlement, if the same is permissible
under the Bihar Taken Over Elementary School Teachers
Promotion Rules, 2011, as well as any other rules/norms governing
the case of the petitioners for promotion to a higher post, subject to
availability of the vacant posts for promotion as prayed for by the
petitioners.
7. The consideration as directed above shall be made by
the respondents within a period of three months from the date of
receipt of a certified copy of this order.
8. Needless to say, it is hereby clarified that no positive
direction has been given to the respondents to promote the
petitioners to the post mentioned above from the date of their
entitlement. Rather, what has been directed by the present order is
for consideration of the case of the petitioners for promotion to the
post mentioned above, strictly in accordance with the rules
governing such promotion.
Patna High Court CWJC No.4911 of 2023 dt.21-08-2025
9. Since, the consideration has been directed to be made
within a period of three months from the date of receipt of certified
copy of the order, the respondent authorities, after having
considered the case of the petitioners as directed hereinabove, shall
pass necessary orders.
10. The writ petition stands disposed off with the above
directions.
(Nani Tagia, J)
Siddharth
Sagar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22 .08.2025
Transmission Date NA
