Patna High Court
Rajnish Kr. Bhargav vs The State Of Bihar on 7 March, 2025
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16170 of 2022
======================================================
Kamini Kumari Wife of Avinash Kumar Singh Resident of Janglia, Ward No.-
18, Thawe Road, P.S. and District- Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The District Magistrate, Gopalganj.
3. The District Programme Officer, (Establishment), Gopalganj.
4. The District Education Officer, Gopalganj.
5. The Mukhiya cum Chairman Panchayat Employment Committee, Gram
Panchayat Raj Chourav, District- Gopalganj.
6. The Panchayat Secretary, Gram Panchayat Raj Chourav, District- Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 335 of 2022
======================================================
Sant Kumar Prasad Son of Ram Ayodhya Prasad, resident of Village -
Nipaniya, P.O. Salempur, P.S. - Isuapur, District - Saran at Chapra.
... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
3. The District Magistrate, Saran at Chapra, District - Saran at Chapra.
4. The District Education Officer, Saran at Chapra, District - Saran at Chapra.
5. The District Programme Officer (Establishment ), Saran at Chapra, District -
Saran at Chapra.
6. The Block Development Officer, Isuapur Block, District - Saran at Chapra.
7. The Block Education Officer, Isuapur Block, District - Saran at Chapra.
8. The Mukhiya, Gram Panchayat Raj, Nipaniya, Block - Isuapur, District -
Saran at Chapra.
9. The Panchayat Secretary, Gram Panchayat Raj, Nipaniya, Block - Isuapur,
District - Saran at Chapra.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 7455 of 2022
======================================================
1. Sita Devi Wife of Shri Bhupendra Kumar Singh Resident of Village-
Pinarthu Khurd, Sonbarsa, P.S. Daraundha, District- Siwan.
2. Sangeeta Kumari Wife of Sri Satish Kumar Gupta Resident of Village-
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Ekaderoba, P.S. Thawe, District- Gopalganj.
... ... Petitioners.
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Siwan.
5. The District Programme Officer, Siwan.
6. The Block Development Officer, Pachrukhi, Siwan.
7. The Block Education Officer, Pachrukhi, Siwan.
8. The Pramukh-cum-Chairman, Block Niyojan Unit, Pachrukhi, Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 7956 of 2022
======================================================
Bimala Prasad W/o Anil Kumar Manjhi, resident of Village- Jagatpur, P.S. -
Barhariya, District- Siwan. ... ... Petitioner.
Versus
1. The State of Bihar and through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer (Establishment), Gopalganj, Bihar.
6. The Mukhiya-cum-Chairman, Panchayat Teacher Niyojan Unit, Gram
Panchayat Raj, Paithan Patti, Manjha, Gopalganj.
7. The Panchayat Secretary-cum-Secretary, Panchayat Teachers Niyojan Unit,
Gram Panchayat Raj, Paithan Patti, Manjha, Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 8092 of 2022
======================================================
Praveen Kumar Shahi Son of Akhilesh Shahi, Resident of Village- Baraitha,
P.O. - Ahiyapur, P.S.- Vijaipur, District - Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
Patna.
2. The District Programme Officer (Estd.), Gopalganj.
3. The Block Development Officer, Vijaipur, District - Gopalganj.
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4. The Block Education Officer, Vijaipur, District - Gopalganj.
5. The Mukhiya, Gram Panchayat Raj, Ahiyapur, Block - Vijaipur, District-
Gopalganj.
6. The Panchayat Secretary, Gram Panchayat Raj, Ahiyapur, Block - Vijaipur,
District - Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 10955 of 2022
======================================================
Sunil Kumar Yadav Son of Sri Yogendra Chaudhary, Resident of Village -
Sahebganj, Derwa, P.O. - Sonagarhwa, P.S. - Gopalpur, District - Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education Government of
Bihar, New Secretariat, Patna.
2. The Director, Primary Education, Government of Bihar, New Secretariat,
Patna.
3. The District Education Officer, Gopalganj.
4. The District Programme Officer (Establishment), Gopalganj.
5. The Block Employment Unit, Panchdewari through its Member Secretary
the Block Development Officer, Panchdewari, P.O. and P.S. - Panchdewari,
District - Gopalganj.
6. The Block Education Officer, Panchdewari, P.O. and P.S. - Panchdewari,
District - Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 11380 of 2022
======================================================
Sudhir Kumar S/o Shri Sachidanand Sharma R/o- Village- Pithauri (Takash),
P.S.- Baniyapur, District- Saran at Chapra. ... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The District Education Officer, Saran at Chapra.
4. The District Programme Officer (Establishment), Saran at Chapra.
5. The Block Development Officer, Block- Issuapur, District- Saran at Chapra.
6. The Block Education Officer, Issuapur, District- Saran at Chapra.
7. The Mukhiya-cum-Chairman Employment Committee, Gram Panchayat
Raj- Nipaniya, Block- Issuapur, District- Saran at Chapra.
8. The Panchayat Secretary-cum-Secretary Employment Committee, Gram
Panchayat Raj- Nipaniya, Block- Issuapur, District- Saran at Chapra.
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... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 12923 of 2022
======================================================
Noorain son of Late Md. Eakabal, Resident of Village-Vishunpura, P.S.-
Sidhwalia, District-Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer (Estab), Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 15093 of 2022
======================================================
Vyas Kumar Singh Son of Jaleshwar Singh, Resident of Village - Khajuriya,
P.S.- Sidhwaliya, District- Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
3. The Director, Primary Education, Education Department, Govt. of Bihar,
Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer (Estb), Gopalganj, Bihar.
6. Gram Panchayat Raj, Dumar Narendra, Sidhwaliya, Gopalganj.
7. The Mukhiya-cum-Chairman, Niyojan Unit, Gram Panchayat Raj, Dumar
Narendra, Gopalganj.
8. The Panchayat Secretary, Niyojan Unit, Gram Panchayat Raj, Dumar
Narendra, Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 15450 of 2022
======================================================
Kanhaiya Kumar Paswan @ Kanhaiya Kumar Pasban Son of Munshi Paswan,
Resident of Village - Dularpur, P.S. - Fulwariya, District - Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Department of Education
Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
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3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer (Est), Gopalganj.
6. The Panchayat Secretary, Gram Panchayat Raj-Virndaban, District -
Gopalganj.
7. The Mukhiya Gram Panchayat Majhikha Kala, Block- Fulwariya, District -
Gopalganj.
8. The Block Development Officer Fulwariya, District - Gopalganj.
9. The Block Education Officer Fulwariya, District - Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 15766 of 2022
======================================================
Amire Azam S/o Master Aainuddin, Resident of Village- Alampur, P.O.-
Mahamadpur, P.S.- Jamo Bazar, District- Siwan. ... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Govt. of Bihar,
Patna.
3. The District Education Officer, Gopalganj.
4. The District Programme Officer (Establishment), Gopalganj.
5. The Block Development Officer, Uchhakagaon, District - Goapalganj.
6. The Block Education Officer, Uchhakagaon, District - Goapalganj.
7. The Mukhiya, Gram Panchayat Raj, Dahibhata, Block- Uchhakagaon,
District - Goapalganj.
8. The Panchayat Secretary, Gram Panchyat Dahibhata, District- Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 16673 of 2022
======================================================
Rinki Kumari Wife of Alok Kumar Singh @ Alok Singh, Resident of Janglia,
Ward No. 18, Thawe Road, P.S. and District- Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The District Magistrate, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Mukhiya cum Chairman Panchayat Employment Committee, Gram
Panchayat Raj Chourav, District- Gopalganj.
5. The Panchayat Secretary, Gram Panchayat Raj Chourav, District- Gopalganj.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 17728 of 2022
======================================================
Sujit Kumar Singh Son of Sri Nagendra Singh, Resident of Village -
Mahammadpur, P.O. - Tekniwas, P.S. - Mahammadpur, District - Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Development Officer, Barauli, P.O. and P.S - Barauli, District -
Gopalganj.
5. The Block Education Officer, Barauli, P.O. and P.S. - Barauli, District -
Gopalganj.
6. The Mukhiya-cum-Chairman, Panchayat Teachers Employment Committee,
Gram Panchayat Raj, Kahla, Block and P.S. - Barauli, District - Gopalganj.
7. The Panchayat Secretary, Gram Panchayat Raj, Kahla, Block and P.S. -
Barauli, District - Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 18081 of 2022
======================================================
Puja Kumari Wife of Rupesh Singh, Resident of VIllage- Gangava, P.S.-
Sidhwaliya, District- Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Goalganj.
5. The District Programme Officer (Estab), Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 908 of 2023
======================================================
Kameshwar Prasad Yadav Son of Sri Bangali Ray, Resident of Village-
Maharani, P.O.- Dighwa Dubauli, P.S.- Mahammadpur, District- Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt of Bihar,
New Secretariat, Patna.
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2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Development Officer, Baikunthpur, P.O. and P.S.- Baikunthpur,
District- Gopalganj.
5. The Block Education Officer, Baikunthpur, P.O. and P.S.- Baikunthpur,
District- Gopalganj.
6. The Mukhiya-cum-Chairman, Panchayat Teachers Employment Committee,
Gram Panchayat Raj, Ajabinagar, Block and P.S.- Baikunthpur, District-
Gopalganj.
7. The Panchayat Secretary, Gram Panchayat Raj, Ajabinagar, Block and P.S.-
Baikunthpur, District- Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 1037 of 2023
======================================================
Kiran Kumari D/o of Uma Manjhi Resident of Village- Bhendiya, P.S.-
Thawe, District- Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer (Estab), Gopalganj
6. The Block Development Officer, Gopalganj
7. The Block Education Officer, Gopalganj
8. The Mukhiya, Gram Panchayat Raj, Chauram, Gopalganj.
9. The Panchayat Secretary Gram Panchayat Raj, Chauram, Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 1116 of 2023
======================================================
Kumari Anamika Singh D/o Yogendra Singh Resident of Village- Bijulpur,
P.S.- Baikunthpur, District- Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Gopalganj.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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5. The District Programme Officer (Estab.), Gopalganj.
6. The Panchayat Secretary, Gram Panchayat Raj, Srisiya, Kuchaikot, District-
Gopalganj.
7. The Mukhiya, Gram Panchayat Raj, Srisiya, Kuchaikot, District- Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 1120 of 2023
======================================================
Meera Kumari @ Mira Kumari D/o Krishna Pandit, Resident of Village-
Harpur Tegarahi, P.S.- Mahammadpur, District- Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer, Gopalganj.
6. The Panchayat Secretary, Gram Panchayat Raj Kashi Tegarahi, Gopalganj.
7. The Mukhiya-Cum- Chairman of Panchayat Employment Committee, Gram
Panchayat Raj, Kashi Tegarahi, Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 1124 of 2023
======================================================
Arjun Kumar Thakur Son of Sri Bikrama Thakur Resident of Village- Usri
Mahalmunj, P.O.- Paharpur, P.S.- Baikunthpur, District- Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Development Officer, Baikunthpur, P.O. and P.S.- Baikunthpur,
District- Gopalganj.
5. The Block Education Officer, Baikunthpur, P.O. and P.S.- Baikunthpur,
District- Gopalganj.
6. The Mukhiya-cum-Chairman, Panchayat Teachers Employment Committee,
Gram Panchayat Raj, Dighwa South, Block and P.S.- Baikunthpur, District-
Gopalganj.
7. The Panchayat Secretary, Gram Panchayat Raj, Dighwa South, Block and
P.S.- Baikunthpur, District- Gopalganj.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 4554 of 2023
======================================================
1. Ranjana Kumari Wife of Shri Ripu Kumar Dixit, Resident of Koreya Dixit,
P.O.-Jagtaul, Koreya, District Gopalganj, Pin-841426.
2. Nagma Shaheen, Daughter of Shri Shamshad Ali, Resident of Village-
Tarwara, P.O.-Tarwara, District-Siwan, Pin-841506.
3. Parween Zafri, Wife of Shri Javed Ahmad, Resident of House No.53 KH,
Village-Pipra, P.O. Pipra, District-Gopalganj, Pin-841427.
4. Babuddin Ali, son of Shri Mokhtar Ali, Resident of Village-Saraiya, Post-
Saraiya, District-Siwan, PIn-841506.
5. Ghulam Husain, Son of Shri Sageer Ahmad, Resident of Barasara, Barharia,
P.O. Barharia, District Siwan, Pin-841232.
6. Jitendra Kumar Manjhi, son of Shri Sivbalak Manjhi, Resident of 70,
Tilsandi, Braharia, P.O. Barharia, District Siwan, Pin-841232.
7. Pramod Paswan, son of Shri Baijnath Paswan, Resident of UkhaiPurab Patti,
P.O.-Ukhai, District Siwan, Pin-841227.
8. Dharmendra Kumar Bhakta, son of Shri Jagdish Bhakta, resident of Village-
Dihiya, PipraNaryan, Post-Dindayalpur, District-Siwan, Pin-841506.
9. Sarita Singh, Wife of Shri Vinay Kumar Prasad, Resident of
Kothuasarangpur, P.O.-Kothuasarangpur, District-Siwan, Pin-841238.
10. Gudiya Kumari, Wife of Shri Kumar Manikant, Resident of Vilage-New
Bhupatipur, South Bhupatipur, Post-Sheikhpura, District-Patna, Pin-800020.
11. Sangita Kumari Wife of Sri Rajesh Singh, Resident of Uttar Tola Itwa, P.S.-
Itwa, District-Siwan, Pin-841241.
... ... Petitioners.
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna.
2. Director, Primary Education, Bihar, Patna.
3. District Education Officer, Siwan.
4. District Programme Officer, Establishment, Siwan.
5. Block Development Officer-cum-Secretary, Block Teachers Employment
Unit, Pachrukhi, District-Siwan.
6. Block Education Officer, Pachrukhi, District-Siwan.
7. Block Teachers Employment Unit, Pachrukhi, District-Siwan through its
Secretary.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 7405 of 2023
======================================================
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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Amit Kumar Son of Late Bishwanath Ray Ward No. 10, resident of village-
Hansanpura, Post Office Bansohi, Police Station - Bhagwanpur Hat, District -
Siwan. ... ... Petitioner.
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar.
2. The Additional Chief Secretary-cum-Principal Secretary Education
Department, Govt. of Bihar, Patna.
3. The Director, Primary Education, Education Department, Govt. of Bihar,
Patna.
4. The District Magistrate, Saran.
5. The District Education Officer, Saran.
6. The District Programme Officer (Establishment), Saran.
7. The Block Development Officer, Manjhi, Saran.
8. The Block Education Officer, Manjhi, Saran.
9. The Panchayat Secretary, Gram Panchayat Raj Balesra, Manjhi, Saran.
10. The Mukhiya, Gram Panchayat Raj Balesra, Manjhi, Saran
11. The Headmaster, Govt. Primary School Kohra Balak, Manjhi, Saran.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 9405 of 2023
======================================================
Ajay Kumar Anand Son of Shivnandan Yadav Resident of Village-
BHawanipur, PO and PS- Bhawanipur, District-Purnea, BIhar.
... ... Petitioner.
Versus
1. The State of Bihar through Principal Secretary, Department of Education,
Government of Bihar, Patna.
2. The Director, Secondary Education, Government of Bihar, Patna.
3. The District Magistrate, Araria.
4. The District Development Commissioner (D.D.C.)-Cum-Chief Executive
officer, Zila Parishad, Araria.
5. The District Education Officer, Araria.
6. The District Programme Officer (Establishment), Araria.
7. The Chairman, Zila parishad, Araria.
8. Jhashesh Kumar Son of Shyam Narayan Yadav Resident of Village-Dwarika
Tola, P.O.-Bhat Khora, P.S.-Muraliganj, District-Madhepura, Bihar.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 10139 of 2023
======================================================
Madhuri Kumari Daughter of Gauri Shankar Thakur, Resident of Village and
P.O.- Khetith, P.S.- Baikunthpur, District- Gopalganj.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Development Officer-cum-Secretary, Block Teacher Employment
Unit, Baikunthpur, P.O. and P.S.- Baikunthpur, District- Gopalganj.
5. The Block Education Officer, Baikunthpur, P.O. and P.S.- Baikunthpur,
District- Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 10732 of 2023
======================================================
Niku Wife of Sri Mukesh Kumar Shukla, resident of Village and P.O.-
Khajuhatti, P.S.-Baikunthpur, District-Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Estlablishment), Gopalganj.
4. The Block Education Officer, Baikunthpur, P.O. and P.S.-Baikunthpur,
District-Gopalganj.
5. The Panchayat Secretary, Gram Panchayat Raj, Dharmbari, Block and P.S.-
Baikunthpur, District-Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 13526 of 2023
======================================================
1. Sharwan Kumar S/o Biadya Narayan Prasad, Resident of village - Sumaka,
P.S. - Chandi, District - Nalanda, Presently Posted at Primary School,
Sirnawan, Block Chandi, District Nalanda.
2. Indrajeet Kumar, S/o Etwari Prasad, R/o Village and P.O. Kauri, P.S.-
Noorsarai, District - Nalanda, Presently posted at Primary School,
SirnawanBlock, Nalanda.
3. Arbind Kumar, S/o Nandu Singh Yadav, R/o Village Porajeet, P.O.-
Sirnawan, P.S. Bena, District Nalanda, Presently posted at Primary School,
Porajeet, Block Chandi, District- Nalanda.
4. Sintu Kumar, S/o Kishori Prasad, R/o Village, P.O.- Pilich, P.S.- Parwalpur,
District Nalanda, Primary School, Sirnawan Block, Nalanda.
5. Mithilesh Kumar, S/o Ramprit Prasad, R/o Village and P.O.- Sirnawan, P.S.
Bena, District Nalanda, Primary School, Porajeet Block, Nalanda.
... ... Petitioners.
Versus
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Nalanda.
5. The District Programme Officer (Estb.), Nalanda.
6. Block Development Officer, Nalanda, District Nalanda.
7. The Block Education Officer, Nalanda, District Nalanda.
8. The Panchayat Secretary, Gram Panchayat Raj, Sirnawan, District Nalanda.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 16458 of 2023
======================================================
Mamta Kumari @ Mamata Kumari Wife of Sri Yogendra Kumar Resident of
Sri Ram Nagar, Hajiyapur Ward No. 26, P.S.-Gopalganj Town, District-
Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Panchayati Raj Officer, Phulwariya, P.O. and P.S.-Phulwariya,
District-Gopalganj.
5. The Block Education Officer, Phulwariya, P.O. and P.S.-Phulwariya,
District-Gopalganj.
6. The Mukhiya-Cum-Chairman, Panchayat Employment Committee, Gram
Panchayat Raj, Churamanchak, P.O. and P.S.-Phulwariya, District-
Gopalganj.
7. The Panchayat Secretary, Gram Panchayat Raj, Churamanchak, P.O. and
P.S.-Phulwariya, District-Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 17645 of 2023
======================================================
Rina Kumari Daughter of Vikram Narayan Singh, Resident of Village and
P.O. - Khetith, P.S. - Baikunthpur, District- Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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4. The Block Development Officer-cum-Secretary, Block Teacher Employment
Unit, Baikunthpur, P.O. and P.S. - Baikunthpur, District - Gopalganj.
5. The Block Education Officer, Baikunthpur, P.O. and P.S. - Baikunthpur,
District - Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 17679 of 2023
======================================================
Shyamli @ Shyamali Daughter of Jay Nath Singh Resident of Lodipur, China
Kothi, Near Bihar Fire Service, Patna, P.S.-Kotwali, District-Patna, Presently
Working as Block as Block Teacher in Upgraded Middle School, Balahan,
Block-Baikunthpur, District- Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Educcation officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Development Officer-Cum-Secretary, Block Teacher
Employment Unit, Baikunthpur, P.O. and P.S.-Baikunthpur, District-
Gopalganj.
5. The Block Education Officer, Baikunthpur, P.O. and P.S.-Baikunthpur,
District-Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 17762 of 2023
======================================================
Babita Kumari Wife of Shri Rajesh Thakur @ Rajesh Singh Resident of
Village- Mairi Makhsupur, Post Office- Chakia, Police Station- Bhagwanpur
Hat, District- Siwan. At present Posted and Working as a Panchayat Teacher
in Govt. Primary School Mairi Makhsuspur, Anchal- Bhagwanpur Hat,
District- Siwan. ... ... Petitioner.
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms,
Govt. of Bihar.
2. The Additional Chief Secretary-cum- Principal Secretary, Education
Department, Govt. of Bihar, Patna.
3. The Director, Primary Education, Education Department, Bihar, Patna.
4. The District Magistrate, Siwan.
5. The District Education Officer, Siwan.
6. The District Programme Officer (Establishment), Education, Siwan.
7. The Block Development Officer (Establishment), Education, Siwan.
8. The Block Education Officer, Block- Bhagwanpur Hat, District- Siwan.
9. That Panchayat Secretary, Gram Panchayat Raj Balha Eraji, Anchal
Bhagwanpur Hat, District- Siwan.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
14/63
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 18173 of 2023
======================================================
1. Sarita Kumari @ Sarita Devi Prem Kumar Prasad, Resident of Village-
Musehari, Police Station- Jamo Bazar, District- Siwan.
2. Manoj Kumar Singh, Son of Yogendra Singh, resident of village -
Hariharpur (Kala), Police Station - Goreyakothi, District - Siwan.
3. Ajit Kumar Singh, Son of Shri Thakur Singh, resident of village- Hariharpur
(Kala), Police Station - Goreyakothi, District - Siwan.
4. Anuj Singh, Son of Amarjit Singh, resident of village - Mirzapur, Gorea
Kothi, Police Station - Goreyakothi, District - Siwan.
5. Ghanshyam Tiwari, Son of Harishankar Tiwari, resident of village Hulas
Chapra, Police Station - Goreyakothi, District - Siwan.
6. Hari Mohan Tiwary, Son of Ramendar Tiwary, resident of House No. 106,
Madhuban Enclave, G.T. Road, Khera Dharmpura, Police Station - Gautam
Buddha Nagar, Uttar Pradesh.
7. Mritunjay Kumar Pandey, Son of Raghaw Rabindra Pandey, resident of
village Goriakothi, Police Station- Goriakothi, District - Siwan.
... ... Petitioners.
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary-cum- the Principal Secretary, Department of
Education, Government of Bihar, Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The District Magistrate, Siwan.
5. The District Education Officer, Siwan.
6. The District Programme Officer (Establishment), Siwan.
7. The Chairman of Block Employment Committee- cum - Prakhand Pramukh,
Goreyakothi, District - Siwan.
8. The Block Development Officer, Goreyakothi, Siwan.
9. The Block Panchayati Raj Officer, Goreyakothi, Siwan.
10. The Block Education Officer, Goreyakothi, Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 18315 of 2023
======================================================
Fulmati Shaw resident of Village- Shahpur Hata Tola, P.O and P.S- Gopalpur,
District- Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through Principal Secretary, Education Deptt. Govt. of
Bihar, Patna.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
15/63
2. District Magistrate, District- Gopalganj.
3. Director, Primary Education, Govt. of Bihar, Patna.
4. District Education Officer, District- Gopalganj.
5. District Programme Officer (Establishment), District Gopalganj.
6. The Block Education Officer, Kuchaikot, District-Gopalganj.
7. The Panchayat Secretary -cum- Secretary Employment Unit Gram
Panchayat Bankatta, Kuchaikot, District- Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 18362 of 2023
======================================================
Jamila Khatoon @ Jamila Khatun Wife of Md. Shah Alam, Resident of
Village and P.O. - Barahima, P.S. - Sidhwaliya, District - Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Panchayati Raj Officer, Barauli, P.O. and P.S. - Barauli, District -
Gopalganj.
5. The Block Education Officer, Barauli, P.O. and P.S. - Barauli, District -
Gopalganj.
6. The Panchayat Secretary-cum-Secretary, Panchayat Teacher Employment
Unit, Gram Panchayat Raj, Rampur, P.O. - Rampur, Block and P.S. - Barauli,
District - Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 18409 of 2023
======================================================
Sunil Kumar Singh Son of Shri Rambahadur Singh, Resident of village-
Seriyan, Post Office - Baiju Barhoga, Seria, Police Station - Baikunthpur,
District Gopalganj. At present posted and working as Prakhand Teacher in
Govt. Middle School Mujaha, Block - Baikunthpur, District - Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary -cum-the Principal Secretary Education
Department, Govt. of Bihar, Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer (Establishment), Gopalganj.
6. The Block Development Officer-cum- the Secretary, Block Teachers
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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Employment Unit Baikunthpur, District - Gopalganj.
7. The Block Education Officer, Baikunthpur, District - Gopalganj.
8. The Block Panchayati Raj Officer-cum- the Executive Officer, Panchayat
Samiti Baikunthpur, District - Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 436 of 2024
======================================================
1. Arjun Kumar son of Late Hiralal Singh, resident of village - Sipah, Post
Office and Police Station - Basantpur, District - Siwan. At present posted
and working as Prakhand Teacher in Govt. Upgraded Middle School
Madarpur (Rajput Tola), Anchal - Lakri Nabiganj, District Siwan.
2. Satish Kumar Dubey Son of Janardan Dubey, Resident of village
-Narayanpur, Post Office - Uchkagaon, Police Station - Kuchaikot, District -
Gopalganj. At present posted and working as a Prakhand Teacher in Govt.
Upgraded Middle School Jalalpur Hindi, Anchal - Lakri Nabiganj, District -
Siwan.
3. Munni Khatoon Daughter of Ali Raja Hussain, Resident of village Mura,
Police Station Basantpur, District-Siwan. At present posted and working as a
Prakhand Teacher in Govt. Upgraded Middle School Wazidpur Urdu, Anchal
- Lakri Nabiganj, District - Siwan.
4. Ishrat Parveen @ Ishrat Parbeen Daughter of Ainul Haque Ansari, Resident
of Village and Post Office - Mustafabad, Police Station - Goreyakothi,
District - Siwan. At present posted and working as a Prakhand Teacher in
Govt. Middle School Sikatiya, Anchal Lakri Nabiganj, District - Siwan.
5. Kumari Seema Gupta Daughter of Vinod Gupta, Resident of village and Post
Office and Police Station Basantpur, District - Swian. At present posted and
working as a Prakhand Teacher in Govt. Upgraded Middle School Wazdipur
Urdu, Anchal - Lakri Nabiganj, District - Siwan.
6. Wazda Tabbasum, Daughter of Samiullah Ansari, Resident of village
-Sahnawazpur, Police Station - Goreyakothi, District - Siwan. At present
posted and working as a Prakhand Teacher in Govt. Upgraded Middle
School Khawaspur Hindi, Anchal - Lakri Nabiganj, District - Siwan.
7. Md. Mojibur Rahman Son of Ataur Rah, Resident of village and Post Office
Mustafabad, Police Station - Goreyakothi, District-Siwan. At present posted
and working as a Prakhand Teacher in Govt. Upgraded Middle School
Khawaspur Hindi, Anchal - Lakri Nabiganj, District - Siwan.
8. Shiv Kumar Ram Son of Kalam Ram, Resident of village Bindwal, Post
Office - Chainpur, Police Station Goreyakothi, District Siwan. At present
posted and working as a Prakhand Teacher in Govt. Upgraded Middle
School Indauli, Anchal Lakri Nabiganj, District - Siwan.
9. Gulab Chand Ram Son of Rampyare Ram, Resident of village and Post
Office - Khajuri, Police Station Kuchaikot, District Gopalganj. At present
posted and working as a Prakhand Teacher in Govt. Upgraded Middle
School Ujjaina, Anchal - Lakri Nabiganj, District - Siwan
10. Dinesh Singh Son of Ramashankar Singh, Resident of village and Post
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
17/63
Office Ratanpura, Police Station - Gopalpur, District - Gopalganj. At present
posted and working as a Prakhand Teacher in Govt. Upgraded Middle
School Basauli, Anchal - Lakri Nabiganj, District - Siwan
11. Nitu Kumari Daughter of Shailanath Singh, Resident of village and Post
Office - Kawalpur, Police Station Goreyakothi, District - Saran at Chapra. At
present posted and working as a Prakhand Teacher in Govt. Upgraded
Middle School Barwan Dumri, Anchal - Lakri Nabiganj, District - Siwan.
12. Md. Ziyaul Rahman @ Md. Ziyau Rehman Son of Ainul Haque Ansari,
Resident of village - Mustafabad, Post Office Chainpur, Police Station
Goreyakothi, District - Siwan. At present posted and working as a Prakhand
Teacher in Govt. Kanya Middle School Nandpur, Anchal - Lakri Nabiganj,
District - Siwan.
13. Kumari Arti Kushwaha Wife of Chandan Kumar, Resident of village and
Post Office Uchkagaon, Police Station - Kuchaikot, District - Gopalganj. At
present posted and working as a Prakhand Teacher in Govt. Middle School
Bishunpura, Anchal Lakri Nabiganj, District - Siwan.
14. Ajay Kumar Gupta, Son of Yogendra Prasad Gupta, Resident of village and
Post Office - Sasamusa, Police Station - Kuchaikot, District - Gopalganj. At
present posted and working as a Prakhand Teacher in Govt. Upgraded
Middle School Ujjaina, Anchal Lakri Nabiganj, District - Siwan.
15. Savitri Kumari Daughter of Sahdeo Ram, Resident of village and Post
Office - Chainpur, Police Station - Goreyakothi, District Siwan. At present
posted and working as a Prakhand Teacher in Govt. Upgraded Middle
School Bhadda Urdu, Anchal Lakri Nabiganj, District - Siwan.
16. Anupma Kumari Daughter of Ranjit Singh, Resident of village and Post
Office - Uchkagaon, Police Station - Kuchaikot, District - Gopalganj. At
present posted and working as a Prakhand Teacher in Govt. Middle School
Kishunpura, Anchal - Lakri Nabiganj, District - Siwan.
17. Md. Rizwan Son of Sagir Alam, Resident of village and Post Office Lakri
Nabiganj, Police Station - Nabiganj, District - Siwan. At present posted and
working as a Prakhand Teacher in Govt. Upgraded Middle Lakri Maktab,
Anchal - Lakri Nabiganj, District - Siwan.
18. Shahid Ekbal Son of Sahabuddin Ahmad, Resident of village and Post
Office and Police Station- Basantpur, District - Siwan. At present posted and
working as a Prakhand Teacher in Govt. Upgraded Middle School Nandpur,
Anchal - Lakri Nabiganj, District - Siwan.
19. Ajay Kumar Son of Hari Narayan Pandey, Resident of village and Post
Office - Gopalpur, Police Station - Nabiganj, District - Siwan. At present
posted and working as a Prakhand Teacher in Govt. Middle School
Gopalpur, Anchal - Lakri Nabiganj, District - Siwan.
20. Subi Kumari Daughter of Rameshwar Prasad Yadav, Resident of village -
Basauli, Post Office - Nabiganj, Police Station Nabiganj District Siwan. At
present posted and working as a Prakhand Teacher in Govt. Upgraded
Middle School Lachhua, Anchal - Lakri Nabiganj, District - Siwan.
... ... Petitioners.
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
18/63
2. The Additional Chief Secretary cum the Principal Secretary, Education
Department, Govt. of Bihar, Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Siwan.
5. The District Programme Officer (Establishment), Siwan.
6. The Block Development Officer Lakri Nabiganj, District-Siwan.
7. The Block Education Officer, Lakri Nabiganj, District-Siwan.
8. The Block Panchayat Raj Officer cum the Block Development Officer, Lakri
Nabiganj, District-Siwan.
9. The Panchayat Secretary, Gram Panchayat Raj Lakri Nabiganj, Block-Lakri
Nabiganj, District-Siwan.
10. The Secretary, Block Employment Unit, Block-Lakri Nabiganj, District-
Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 1001 of 2024
======================================================
Murshid Alam Son of Rahmuddin, Resident of Village and Post Office -
Khawaspur, Ward No. 8, Khawaspur Tola Malikana, Near- Road, Police
Station - Basantpur, District - Siwan. ... ... Petitioner.
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary-cum-the Principal Secretary, Education
Department, Govt. of Bihar, Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Siwan.
5. The District Programme Officer (Establishment), Siwan.
6. The Block Development Officer, Lakarinaviganj, District - Siwan.
7. The Block Education Officer, Lakarinaviganj, District - Siwan.
8. The Block Panchayati Raj Officer-cum-the Block Development Officer,
Lakarinaviganj, District - Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 1280 of 2024
======================================================
Kumari Annu Tiwari @ Kumari Anu Tiwari Daughter of Sri Lalan Tiwari,
Resident of Village - Dhanauti, P.O. and P.S. - Mashrak, District- Saran,
Presently working as Block Teacher, Upgraded Middle School, Hamidpur,
Block- Baikunthpur, District - Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
19/63
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Development Officer-cum-Secretary, Block Teacher Employment
Unit, Baikunthpur, P.O. and P.S. - Baikunthpur, District - Gopalganj.
5. The Block Education Officer, Baikunthpur, P.O. and P.S. - Baikunthpur,
District - Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 3103 of 2024
======================================================
Anil Kumar Srivastva Son of Late Laxman Prasad Shrivastva @ Laxuman
Prasad Srivastva, Resident of village - Bhagwanpur, P.S. - Thawe, District-
Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer (Estb), Gopalganj.
6. The Block Education Officer, Barauli, District Gopalganj.
7. The Panchayat Secretary, Gram Panchayat, Devapur, Barauli, District -
Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 3718 of 2024
======================================================
Rajesh Kumar Singh son of Sri Nawal Kishore Singh, Resident of Village-
Chamanpura, P.O.- Chamanpura, District- Gopalganj, presently working as
Block Teacher, Upgraded Middle School, Pyarepur, Block-Baikunthpur,
District- Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Development Officer cum Secretary, Block Teacher Employment
Unit, Baikunthpur, P.O. and P.S.-Baikunthpur, District-Gopalganj.
5. The Block Education Officer, Baikunthpur, P.O. and P.S.-Baikunthpur,
District-Gopalganj.
... ... Respondents.
======================================================
WITH
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
20/63
Civil Writ Jurisdiction Case No. 3883 of 2024
======================================================
Ganesh Kumar Singh Son of Dwarika Nath Singh, resident of Village-
Dharmbari, P.S - Baikunthpur, District - Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department, New Secretariat, Patna.
2. State Appellate Authority through its Chairperson, Education Department
5C-D, Niyojan Bhawan, Bailey Road, Patna.
3. District Education Officer, Gopalganj.
4. District Programme Officer (Establishment), Gopalganj, Education
Department, District - Gopalganj.
5. Block Education Officer, Baikunthpur, District - Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 4140 of 2024
======================================================
Ramta Prasad Son of Brahmdeo Prasad @ Brahamdew Prasad Resident of
Village- Kumhar @ Kushahar, P.S.- Mahamadpur, District- Gopalganj.
... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer (Estb), Gopalganj.
6. The Block Education Officer, Baikunthpur, District- Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 4160 of 2024
======================================================
Ragini Kumari Wife of Ajay Kumar Singh, Resident of Village Pipra, P.S.-
Sidhwalia, District- Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer (Estb.), Gopalganj.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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6. The Block Education Officer, Baikunthpur, District Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 4178 of 2024
======================================================
1. Sumitra Kumari Wife of Mankeshwar Sah, Resident of Village Uchkagaon,
Post Office -Uchkagaon, District - Gopalganj Presently residing at Nabihata
Kail, District -Siwan, At present posted and working as Prakhand Teacher in
Govt. Upagraded Middle School Suryapura Ahir Toli, Anchal - Basantpur,
District - Siwan.
2. Mani Prakash Dubey, Son of Om Prakash Dubey, Resident of Village 9,
Narayan Pur, Narayaneshwar Mandir, Police Station Kuchaikote, District -
Gopalganj, At present posted and working as a Prakhand Teacher in Govt.
Higher Secondary 10 Plus 2 School, Karcholiya, Anchal Basantpur, District
- Siwan.
... ... Petitioners.
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary -cum- the Principal Secretary, Department of
Education, Government of Bihar, Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The District Magistrate, Siwan.
5. The District Education Officer, Siwan.
6. The District Programme Officer (Establishment), Siwan.
7. The Secretary-cum- the Block Development Officer, Block Teacher
Employment Unit, Basantpur, District Siwan.
8. The Block Development Officer, Basantpur, Siwan.
9. The Block Panchayati Raj Officer, Basantpur, Siwan.
10. The Block Education Officer, Basantpur, Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 4496 of 2024
======================================================
Anchal Kumari wife of Shri Raju Yadav @ Raju Kumar Yadav, resident of
Village-Markan, Post Office-Markan, Police Station-Hussainganj, District-
Siwan, at present posted and working as Panchayat Teacher in Govt. Primary
School Korara Sahwazpur, Anchal-Hussainganj, District-Siwan.
... ... Petitioner.
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary cum the Principal Secretary, Department of
Education, Government of Bihar, Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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4. The District Magistrate, Siwan.
5. The District Education Officer, Siwan.
6. The District Programme Officer (Establishment), Siwan.
7. The Block Development Officer, Hussainganj, Siwan.
8. The Block Education Officer, Hussainganj, Siwan.
9. The Block Panchayati Raj Officer, Hussainganj, Siwan.
10. The Panchayat Secretary Gram Panchayat Raj Habibganj, Anchal-
Hussainganj, District-Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 5932 of 2024
======================================================
1. Amarjeet Kumar Hari Narayan Shah, Resident of Village- Chitauli Bazar,
Chittauli Kala, Police Station- Goreyakothi, District - Siwan.
2. Bikash Kumar @ Vikas Kumar, son of Arjun Singh, resident of village -
Hariharpur Kala, Police Station - Goreyakothi, District - Siwan.
3. Bina Kumari, Daughter of Bhuneshwar Singh, resident of village - Barhoga
Kothi, Barhoga Parsotim, Police Station - Goreyakothi, District - Siwan.
4. Sanjiv Kumar, son of Jawahar Bharti, resident of Ward No. 20, Krishna
Nagar, Post Officer and District Gopalganj at present residing at
Goreyakothi West Mathia, Police Station Goreyakothi, District Siwan.
5. Madhuri Kumari, Daughter of Thakur Singh, resident of village - Hariharpur
(Kala), Police Station Jamo Bazar, District - Siwan.
... ... Petitioner.
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The District Magistrate, Siwan.
5. The District Education Officer, Siwan.
6. The District Programme Officer (Establishment), Siwan.
7. The Block Development Officer -cum- Member Secretary, Block
Employment Unit, Goreyakothi, District - Siwan.
8. The Block Development Officer, Goreyakothi, Siwan.
9. The Block Panchayati Raj Officer, Goreyakothi, Siwan.
10. The Block Education Officer, Goreyakothi, Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 8696 of 2024
======================================================
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
23/63
1. Jairam Rajak Son of Shri Magister Rajak Resident of village -Tiyay, Ward
No. 1, TA, Police Station-Andar, District-Siwan. At present posted and
working as Prakhand Teacher in Govt. Upgraded Middle School Suryapura,
Anchal-Ziradei, District-Siwan.
2. Dinesh Kumar Ram Son of Shri Rambachan Ram Resident of village
Bangra Ujjain, Miyan Ke Bhatkan, Police Station - Andar, District-Siwan.
At present posted and working as Prakhand Teacher in Govt. Upgraded
School Hirmakariyar, Anchal - Ziradei, District-Siwan.
... ... Petitioners.
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary -cum- the Principal Secretary, Department of
Education, Government of Bihar Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The District Magistrate, Siwan.
5. The District Education Officer, Siwan.
6. The District Programme Officer (Establishment), Siwan.
7. The Secretary-cum- the Block Development Officer, Block Teacher
Employment Unit, Ziradei, District - Siwan.
8. The Block Development Officer, Ziradei, Siwan.
9. The Block Panchayati Raj Officer, Ziradei, Siwan.
10. The Block Education Officer, Ziradei, Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 9044 of 2024
======================================================
Priyanka Kumari Daughter of Krishna Kant Singh, W/o Sri Amit Kumar
Singh, Resident of Village - Sipah, P.O. and P.S.- Basantpur, District - Siwan,
presently residing at Village and P.O.- Ratan Padauli, P.S. - Bhagwanpur Hat,
District - Siwan. ... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Siwan.
3. The District Programme Officer (Establishment), Siwan.
4. The Block Panchayati Raj Officer, Bhagwanpur Hat, P.O. and P.S. -
Bhagwanpur Hat, District - Siwan.
5. The Block Education Officer, Bhagwanpur Hat, P.O. and P.S. - Bhagwanpur
Hat, District - Siwan.
6. The Panchayat Secreatry, Gram Panchayat Raj, Sarai Padauli, Block -
Bhagwanpur, District - Siwan.
... ... Respondents.
======================================================
WITH
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
24/63
Civil Writ Jurisdiction Case No. 9061 of 2024
======================================================
Prem Prakash Dubey Son of Atma Nand Dubey, resident of Village- Nagwa,
P.O.- Charauli, P.S.- Bhagwanpur Hat, District- Siwan. ... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
3. The District Magistrate, Siwan.
4. The District Education Officer, Siwan.
5. The District Programme Officer (Establishment), Siwan.
6. The Block Development Officer, Bhagwanpur Hat, District- Siwan.
7. The Block Education Officer, Block- Bhagwanpur Hat, District- Siwan.
8. The Block Panchayati Raj Officer-cum-Executive Officer, Panchayat Samiti,
Bhagwanpur Hat, District- Siwan.
9. Headmaster, Utkramit Madhya Vidyalaya, Chaugethiya, P.S. and Block-
Bhagwanpur Hat, District- Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 9062 of 2024
======================================================
Ramita Kumari Wife of Sri Manoj Kumar, Resident of Village- Basantpur,
P.S.- Basantpur, District- Siwan. ... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
3. The District Magistrate, Siwan.
4. The District Education Officer, Siwan.
5. The District Programme Officer (Establishment), Siwan.
6. The Block Development Officer, Bhagwanpur Hat, District- Siwan.
7. The Block Education Officer, Block- Bhawanpur Hat, District- Siwan.
8. The Panchayat Secretary, Gram Panchayat, Rajapur, Bhagwanpur Hat,
District- Siwan.
9. Headmaster, New Primary School, Banbey Chourauli, Block- Bhawanpur
Hat, District- Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 10001 of 2024
======================================================
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
25/63
1. Bharosha Kumari @ Bharosa Kumari Daughter of Krishna Prasad Gupta,
Wife of Sri Birendra Kumar Prasad, Resident of Village- Karahi Khurd, P.O.
and P.S.- Basantpur, District- Siwan.
2. Manish Kumar Pal, Son of Mohar Lal Prasad, Resident of Village and P.O.-
Barkagaon, P.S.- Bhagwanpur Hat, District- Siwan.
3. Pawan Kumar Singh, Son of Prabhunath Singh, Resident of Village- Lauwan
Khurd, P.O.- Mirzapur, P.S.- Janta Bazar, District- Chapra.
... ... Petitioners.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Siwan.
3. The District Programme Officer (Establishment), Siwan.
4. The Block Education Officer, Bhagwanpur Hat, P.O. and P.S. - Bhagwanpur
Hat, District- Siwan.
5. The Panchayat Secretary, Gram Panchayat Raj, Khedhwa, Block-
Bhagwanpur Hat, District- Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 10844 of 2024
======================================================
1. Kumari Sudha Yadav D/o Basudeo Yadav, R/o Vill- Gararia, P.O and P.S.-
Guthani, Distt- Siwan.
2. Nirmala Tiwari D/o Chandra Shekhar Dubey, R/o Vill and P.O. and P.S.-
Guthani, Distt- Siwan.
3. Khusbu Chaturvedi D/o Ganga Sagar Chaturvedi, R/o Vill- Sematar, P.O.
and P.S.- Guthani, Distt- Siwan.
4. Ragini Kumari D/o Kameshwar Singh, R/o Vill- Belore, P.S.- Guthani, Distt-
Siwan.
5. Pradeep Kumar Kushwaha, S/o Vyas Kushwaha, R/o Vill- Sohrai, P.O. and
P.S.- Guthani, Distt- Siwan.
6. Rita Devi, D/o Rudal Yadav, R/o Vill- Sematar, P.O. and P.S.- Guthani,
Distt- Siwan.
... ... Petitioners.
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The District Education Officer, Siwan.
5. The District Programme Officer (Establishment), Siwan.
6. The Block Education Officer, Guthani, Distt- Siwan.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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7. The Secretary, Block Teacher Niyojan Unit, Block- Guthani, Distt- Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 11137 of 2024
======================================================
1. Rajnish Kr. Bhargav S/O- kameshwar Singh R/o vill-Maghari, P.O-Saghar
Sultanpur, P.s- Bhagwanpur Hat, District-Siwan.
2. Manoj Kumar Yadav @ Manoj Yadav S/O-Udaynarayan Yadav R/O- Vill
and P.O- Khajuri, P.S- Sasamusa, Distt- Gopalganj.
3. Firoj Ahmad S/O- Dil Mohammad R/O- Vill- Alampur, P.O- Mohammadpur,
P.S- Barharia, Distt- Siwan.
4. Alka Kumari W/O- Dev Kumar Singh R/O- Vill- Raghunathpur Tola
Koninaya, P.O- Rampur, P.s-kesharia, Distt-east Champaran.
5. Seeta Kumari @ Seeta Singh D/O Sujit kumar R/O Vill and P.O- Sultanpur
(Urdu), P.S- Bhagwanpur Hat, Distt-Siwan.
6. Jitendra Kumar Rai S/O Bachcha Ray R/O- Vill and P.O- Mithi, P.S-
Goriyakothi, Distt- Siwan.
... ... Petitioners.
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna
3. The Director, Primary Education, Government of Bihar Patna.
4. The District Education Officer, Siwan.
5. The District Programme Officer (Establishment), Siwan.
6. The Block Education Officer, Basantpur, Distt- Siwan.
7. The Secretary, Block Employment Unit- Basantpur, Block- Basantpur, Distt-
Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 11461 of 2024
======================================================
Puja Kumari wife of Sunil Singh and Daughter of Ramnaresh Singh, resident
of Village-Karn Kudariya, P.O.-Dumarsan Bangra, Kundariya, P.S.-Masrak,
District-Gopalganj, at present residing at Village-Marwa, P.S.-Baikunthpur,
District- Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The District Magistrate, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The District Education Officer, Gopalganj.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
27/63
5. The Secretary Teacher Employment Unit-cum-Block Development Officer,
Baikunthpur, District-Gopalganj.
6. The Member cum Block Education Officer, Baikunthpur, District-
Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 11855 of 2024
======================================================
1. Baby Kumari D/o Rambalak Singh R/o Village-Bhadal, P.O. Bhimpur, P.S.
Barharia, District-Siwan.
2. Kumari Mira D/o Sri Ramdeo Prasad, W/o-Surendra Prasad R/o Village-
Kodai, P.O. Chap, P.S. Pachrukhi, District-Siwan.
3. Nitu Kumari D/o Yogendra Prasad, W/o-Santosh Kumar R/o Village-
Gudhni, P.O. and P.S. Gudhni, District-Siwan.
4. Khurshid Alam S/o-Abdul Karim R/o Village-Kajidhamsar, P.O. Panditpur,
P.S. Janta Bazar, District-Siwan.
5. Ajimullah Ansari S/o-Abdul Rahman Ansari R/o Village-Beldari Tola, P.O.
Maharajganj, P.S. Draunda, District-Siwan.
... ... Petitioners.
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna,
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna,
3. The Director, Primary Education, Education Department, Government of
Bihar, Patna,
4. The District Education Officer, Siwan.
5. The District Programme Officer (Est.) Siwan.
6. The Block Education Officer, Panchrukhi, Block, District-Siwan.
7. The Block Development Officer, Panchrukhi, Block, District-Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 11891 of 2024
======================================================
1. Gyan Prakash Singh S/o Niteshwar Prasad Singh R/o Village-Narharpur,
P.O.-Kishunpura, Distt-Siwan.
2. Vimlesh Kumar Singh S/o Sachhidanand Singh R/o Village-Shekhpurva,
P.O. Mahualmahal, P.S.-M.H. Nagar, Distt-Siwan.
3. Ajay Kumar S/o Kashinath Pandey R/o Village-Bhamitola, P.S.-Kuchaikote,
District-Gopalganj
4. Krishnaji Prasad S/o Shreeram Sah R/o-Vill-Uchakagao, P.O.-Uchkagao,
P.S.-Kuchaikote, Distt.-Gopalganj.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
28/63
5. Ajmat Parwin D/o-Md. Asalam R/o Village-Kadipur, P.O.-Nagra, P.S.-
Khaira, District-Chapra.
6. Abhay Kumar S/o Sawaliya Prasad R/o Village-Mahpur, P.O.-Hardiya, P.S.-
Sarai, District-Siwan.
... ... Petitioners.
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Director, Primary Education, Government of Bihar Patna.
4. The District Education Officer, Siwan.
5. The District Programme Officer (Establishment), Siwan.
6. The Block Education Officer, Basantpur, Distt.-Siwan.
7. The B.D.O. Cum Secretary, Block Teacher Niyojan Unit, Block-Basantpur
Block, Distt-Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 12183 of 2024
======================================================
Pintu Kumar Rai Son of Bashishth Rai Resident of Village-Sher, P.S.-
Sidhwaliya, Disrict-Gopalganj, Bihar. ... ... Petitioner.
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Education Department, Govt. of Bihar,
Patna.
4. The District Education Officer, Gopalganj.
5. The District Programme Officer (Establishment), Gopalganj.
6. The Block Education Officer, Barauli, Gopalganj
7. The Panchayat Secretary, Gram Panchayat, Sonbarsa, Barauli, Gopalganj.
8. The Mukhiya-Cum-Chairman, Panchayat Employment Committee, Barauli,
Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 12528 of 2024
======================================================
1. Amit Kumar Sinha Son of Late Ram Chandra Prasad Resident of Village
and P.O.-Charuipar, P.S.-Noorsarai, District-Nalanda.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
29/63
2. Sachhidanand Kumar, Son of Late Bechu Ram, resident of Village-Bedhna,
P.O. Narsanda, P.S.-Harnaut, District-Nalanda.
3. Rajesh Kumar, son of Kishori Prasad, resident of Village-Gopibigha, P.O.-
Tulsigarh, P.S.-Chandi, District-Nalanda.
... ... Petitioners.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Nalanda at Biharsharif.
3. The District Programme Officer (Establishment), Nalanda at Biharsharif.
4. The Block Education Officer, Chandi, P.O. and P.S.-Chandi, District-
Nalanda at Biharsharif.
5. The Panchayat Secretary, Gram Panchayat Raj Gangoura, Block-Chandi,
District-Nalanda at Biharsharif.
6. The Mukhiya Gram Panchayat Raj, Gangoura, Block-Chandi, District-
Nalanda at Biharsharif.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 12608 of 2024
======================================================
Gyanti Kumari Daughter of Sri Sivnath Ram Resident of Village and P.O.-
Dubauli, P.S.- Panapur, District- Saran, posted as Panchayat Teacher in New
Primary School, Mangalpur (Dhobi Tola), Block- Baikunthpur, District-
Gopalganj. ... ... Petitioner.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Education Officer, Baikunthpur, P.O. and P.S.- Baikunthpur,
District- Gopalganj.
5. The Panchayat Secretary, Gram Panchayat Raj, Ajbi Nagar, Block-
Baikunthpur, District- Gopalganj.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 12726 of 2024
======================================================
1. Priyanka Singh D/o- Vishwanath Singh, R/o Village- Ukhai Purab Tola, P.S.-
O.P. Sarai, District- Siwan.
2. Dipika Singh, D/o- Dinesh Singh, R/o Village- Ward No. 13 Behind Triveni
Place Gopalganj, P.S.- Gopalganj, District- Gopalganj.
... ... Petitioners.
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
30/63
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
4. The District Education Officer, Siwan.
5. The District Programme Officer (Est.), Siwan.
6. The Block Education Officer, Pachrukhi Block, District- Siwan.
7. The Block Development Officer, Pachrukhi Block, District- Siwan.
... ... Respondents.
======================================================
WITH
Civil Writ Jurisdiction Case No. 12965 of 2024
======================================================
1. Pratima Kumari Daughter of Shyam Nandan Prasad, Wife of Dhananjay
Kumar Chakravarti, Resident of Village-Kalyanpur Bali, P.O.-Jagatpur, P.S.-
Chandi, District-Nalanda.
2. Ranju Kumari, Daughter of Ramdeo Prasad, Wife of Pramod Kumar,
Resident of Village, P.O. and P.S.-Shahjahanpur, District-Patna.
3. Babita Kumari Daughter of Ramashish Paswan, Wife of Dharmendar
Paswan, Resident of Village-Kaithir, P.O.-Mahkar, P.S.-Chandi, District-
Nalanda.
4. Ranju Kumari, Daughter of Karu Mahto, Wife of Ram Pravesh Prasad,
Resident of Village-Bade Kevai, P.O.-Daniawan, P.S.-Shahjahanpur,
District-Patna.
... ... Petitioners.
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Nalanda at Biharsharif.
3. The District Programme Officer (Establishment), Nalanda at Biharsharif.
4. The Block Education Officer, Chandi, P.O. and P.S.-Chandi, District-
Nalanda at Biharsharif.
5. The Panchayat Secretary, Gram Panchayat Raj, Rukhai, Block-Chandi,
District-Nalanda at Biharsharif.
6. The Mukhiya, Gram Panchayat Raj, Rukhai, Block-Chandi, District-
Nalanda at Biharsharif.
... ... Respondents.
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 16170 of 2022)
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadaw, GP-23
(In Civil Writ Jurisdiction Case No. 335 of 2022)
For the Petitioner/s : Mr. Rakesh Ranjan, Advocate
For the Respondent/s : Smt. Shilpa Singh, GA-12
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
31/63
(In Civil Writ Jurisdiction Case No. 7455 of 2022)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Madan Jeet Kumar, GP-20
(In Civil Writ Jurisdiction Case No. 7956 of 2022)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Smt. Binita Singh, SC-28
(In Civil Writ Jurisdiction Case No. 8092 of 2022)
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Respondent/s : Smt. Binita Singh, SC-28
(In Civil Writ Jurisdiction Case No. 10955 of 2022)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr. Madhaw Prasad Yadaw, GP-23
(In Civil Writ Jurisdiction Case No. 11380 of 2022)
For the Petitioner/s : Mr. Udai Shankar Singh, Advocate
For the Respondent/s : Mr. Jitendra Kr. Roy-1, SC-13
(In Civil Writ Jurisdiction Case No. 12923 of 2022)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Prabhakar Jha, GP-27
(In Civil Writ Jurisdiction Case No. 15093 of 2022)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadaw, GP-23
(In Civil Writ Jurisdiction Case No. 15450 of 2022)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Jitendra Kr. Roy-1, SC-13
(In Civil Writ Jurisdiction Case No. 15766 of 2022)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Madan Jeet Kumar, GP-20
(In Civil Writ Jurisdiction Case No. 16673 of 2022)
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Respondent/s : Mr. Kameshwar Kumar, GP-17
(In Civil Writ Jurisdiction Case No. 17728 of 2022)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr. Madanjeet Kumar, GP-20
(In Civil Writ Jurisdiction Case No. 18081 of 2022)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Kameshwar Kumar, GP-17
(In Civil Writ Jurisdiction Case No. 908 of 2023)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr. Kameshwar Kumar, GP-17
(In Civil Writ Jurisdiction Case No. 1037 of 2023)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Madanjeet Kumar, GP-20
(In Civil Writ Jurisdiction Case No. 1116 of 2023)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Kameshwar Kumar, GP-17
(In Civil Writ Jurisdiction Case No. 1120 of 2023)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Jitendra Kumar Roy-1, SC-13
(In Civil Writ Jurisdiction Case No. 1124 of 2023)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra, SC-16
(In Civil Writ Jurisdiction Case No. 4554 of 2023)
For the Petitioner/s : Mr. Abhinav Srivastava, Sr. Advocate
For the Respondent/s : Mr. Kameshwar Kumar , GP-17
(In Civil Writ Jurisdiction Case No. 7405 of 2023)
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Jitendra Kumar Roy-1, SC-1
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
32/63
(In Civil Writ Jurisdiction Case No. 9405 of 2023)
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate
For the Respondent/s : Mr. Madan Jeet Kumar, GP-20
(In Civil Writ Jurisdiction Case No. 10139 of 2023)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra, SC-16
(In Civil Writ Jurisdiction Case No. 10732 of 2023)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr. Madanjeet Kumar, GP-20
(In Civil Writ Jurisdiction Case No. 13526 of 2023)
For the Petitioner/s : Mr. Shambhu Sharan Kumar, Advocate
For the Respondent/s : Mr. Jitendra Kumar Roy-1, SC-13
(In Civil Writ Jurisdiction Case No. 16458 of 2023)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr. Kameshwar Kumar, GP-17
(In Civil Writ Jurisdiction Case No. 17645 of 2023)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr.Vikash Kumar, SC-11
(In Civil Writ Jurisdiction Case No. 17679 of 2023)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Mr. Pankaj Kumar, SC-12
(In Civil Writ Jurisdiction Case No. 17762 of 2023)
For the Petitioner/s : Mr. Nawnit Kumar Tiwary, Advocate
For the Respondent/s : Mr. Sarvesh Kumar, GP-24
(In Civil Writ Jurisdiction Case No. 18173 of 2023)
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Standing Counsel-16
(In Civil Writ Jurisdiction Case No. 18315 of 2023)
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Respondent/s : Mr. Dhurjati Kr. Prasad, GP-14
(In Civil Writ Jurisdiction Case No. 18362 of 2023)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Addl. Advocate General 13
(In Civil Writ Jurisdiction Case No. 18409 of 2023)
For the Petitioner/s : Mr. Umesh Mishra, Advocate
For the Respondent/s : Standing Counsel 10
(In Civil Writ Jurisdiction Case No. 436 of 2024)
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Government Pleader (10)
(In Civil Writ Jurisdiction Case No. 1001 of 2024)
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Government Pleader 22
(In Civil Writ Jurisdiction Case No. 1280 of 2024)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Addl. Advocate General (13)
(In Civil Writ Jurisdiction Case No. 3103 of 2024)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Government Pleader 13
(In Civil Writ Jurisdiction Case No. 3718 of 2024)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Standing Counsel (9)
(In Civil Writ Jurisdiction Case No. 3883 of 2024)
For the Petitioner/s : Mr. Pratap Sharma, Advocate
For the Respondent/s : Government Pleader 7
(In Civil Writ Jurisdiction Case No. 4140 of 2024)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Government Advocate 02
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
33/63
(In Civil Writ Jurisdiction Case No. 4160 of 2024)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Government Advocate 05
(In Civil Writ Jurisdiction Case No. 4178 of 2024)
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Government Pleader (4)
(In Civil Writ Jurisdiction Case No. 4496 of 2024)
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Government Pleader (13)
(In Civil Writ Jurisdiction Case No. 5932 of 2024)
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Standing Counsel (25)
(In Civil Writ Jurisdiction Case No. 8696 of 2024)
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Advocate General
(In Civil Writ Jurisdiction Case No. 9044 of 2024)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Government Pleader (4)
(In Civil Writ Jurisdiction Case No. 9061 of 2024)
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the Respondent/s : Standing Counsel ( 28 )
(In Civil Writ Jurisdiction Case No. 9062 of 2024)
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the Respondent/s : Mr. Advocate General
(In Civil Writ Jurisdiction Case No. 10001 of 2024)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Government Advocate 3
(In Civil Writ Jurisdiction Case No. 10844 of 2024)
For the Petitioner/s : Mr. Bhuneshwar Pandey, Advocate
For the Respondent/s : Addl. Advocate General 12
(In Civil Writ Jurisdiction Case No. 11137 of 2024)
For the Petitioner/s : Mr. Bhuneshwar Pandey, Advocate
For the Respondent/s : Mr. Advocate General
(In Civil Writ Jurisdiction Case No. 11461 of 2024)
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Respondent/s : Government Advocate (7)
(In Civil Writ Jurisdiction Case No. 11855 of 2024)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Standing Counsel (28)
(In Civil Writ Jurisdiction Case No. 11891 of 2024)
For the Petitioner/s : Mr. Bhuneshwar Pandey, Advocate
For the Respondent/s : Government Pleader (24)
(In Civil Writ Jurisdiction Case No. 12183 of 2024)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Advocate General
(In Civil Writ Jurisdiction Case No. 12528 of 2024)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Goverment Advocate 2
(In Civil Writ Jurisdiction Case No. 12608 of 2024)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Standing Counsel (20)
(In Civil Writ Jurisdiction Case No. 12726 of 2024)
For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate
For the Respondent/s : Government Pleader 10
(In Civil Writ Jurisdiction Case No. 12965 of 2024)
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
For the Respondent/s : Additional Advocate General (12)
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
C.A.V. JUDGMENT
Date : 07-03-2025
Heard learned counsel for the petitioners and learned
counsel for the respondents.
2. As the common question of fact and law involved in
all these writ applications, with consent of all the parties, all these
applications have been heard together for final disposal at this
stage itself.
3. In all these writ applications, the petitioners seek
quashing of the orders passed by the State Appellate Authority,
Education Department, in various appeals, whereby the
appointments of the petitioners in the present batch of writ
applications have been cancelled with retrospective effect from the
date of their respective appointments and to reinstate them with
consequential benefits. The impugned orders direct the removal of
the petitioners from service within a fortnight by the concerned
Panchayat Secretary and to recover payments received by them in
accordance with law. The details of the State Appellate Authority
Appeal Case Numbers and the respective orders under challenge in
these writ petitions are set out herein below in a tabular form:
Sl. Present CWJC State Appellate Authority Order passed by
No. No. (s) Appeal No. (s) the State Appellate
Authority
1. CWJC 17762/23 Appeal No. 922/2022 11.10.2023
2. CWJC 18315/23 Appeal No. 52/2022 16.10.2023
3. CWJC 7455/22 Appeal No. 104/2021 25.04.2022
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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4. CWJC 4554/23 Appeal No. 114/2021 25.04.2022
5. CWJC 436/24 Appeal No. T-92/2023 19/12/2023
6. CWJC 3883/24 Appeal No. 34/2022 29/08/2023
7. CWJC 11461/24 Appeal No. T-58/2022 16/06/2024
8. CWJC 12183/24 Appeal No. T-1017/2022 03/04/2024
9. CWJC 12528/24 Appeal No. T-57/2023 28/06/2024
10. CWJC 12608/24 Appeal No. T-924/2022 13/12/2023
11. CWJC 16458/23 Appeal No. 93/2021 04/05/2023
12. CWJC 17679/23 Appeal No. 32/2022 26/09/2023
13. CWJC 18173/23 Appeal No. T-40/2023 27/10/2023
14. CWJC 18362/23 Appeal No. T-1016/2022 06/10/2023
15. CWJC 18409/23 Appeal No. 2/2023 05/12/2023
16. CWJC 1001/24 Appeal No. T-76/2023 27/11/2023
17. CWJC 1280/24 Appeal No. 4/2023 11/12/2023
18. CWJC 3103/24 Appeal No. 35/2022 04/10/2023
19. CWJC 3718/24 Appeal No. 62/2022 15/01/2024
20. CWJC 4140/24 Appeal No. T-98/2023 07/12/2023
21. CWJC 4160/24 Appeal No. T-99/2023 02/01/2024
22. CWJC 4178/24 Appeal No. T-19/2023 01/02/2024
23. CWJC 4496/24 Appeal No. T-201/2023 13/02/2024
24. CWJC 5932/24 Appeal No. T-38/2023 21/02/2024
25. CWJC 8696/24 Appeal No. T-164/2023 24/04/2024
26. CWJC 9044/24 Appeal No. T-981/2022 09/05/2024
27. CWJC 9061/24 Appeal No. T-972/2022 05/04/2024
28. CWJC 9062/24 Appeal No. T-144/2023 15/05/2024
29. CWJC 10001/24 Appeal No. T-970/2022 13/05/2024
30. CWJC 10844/24 Appeal No. T-979/2022 30/05/2024
31. CWJC 11137/24 Appeal No. T-178/2023 18/03/2024
32. CWJC 11855/24 Appeal No. T-269/2023 26/06/2024
33. CWJC 11891/24 Appeal No. T-37/2023 27/06/2024
34. CWJC 12726/24 Appeal No. 38/2023 20/06/2024
35. CWJC 16170/22 Appeal No. 132/2021 30.09.2022
36. CWJC 335/22 Appeal No. 343/2019 29.11.2021
37. CWJC 7956/22 Appeal No. 128/2021 12.05.2022
38. CWJC 8092/22 Appeal No. 63/2021 14.03.2022
39. CWJC 10955/22 Appeal No. 113/2021 09.06.2022
40. CWJC 11380/22 Appeal No. 377/2019 19.05.2022
41. CWJC 12923/22 Appeal No. 127/2021 22.07.2022
42. CWJC 15093/22 Appeal No. 130/2021 22.07.2022
43. CWJC 15450/22 Appeal No. 73/2021 13.05.2022
44. CWJC 15766/22 Appeal No. 87/2021 12.08.2022
45. CWJC 16673/22 Appeal No. 145/2021 30.09.2022
46. CWJC 17728/22 Appeal No. 131/2021 10.10.2023
47. CWJC 18081/22 Appeal No. 129/2021 22.07.2022
48. CWJC 908/23 Appeal No. 86/2021 18.11.2022
49. CWJC 1037/23 Appeal No. 71/2021 06.12.2022
50. CWJC 1116/23 Appeal No. 62/2021 10.10.2022
51. CWJC 1120/23 Appeal No. 98/2021 30.09.2022
52. CWJC 1124/23 Appeal No. 80/2021 18.11.2022
53. CWJC 7405/23 OA No. 499/2022 05.12.2022
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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54. CWJC 9405/23 OA No. T-832/2022 & 27.04.2023
Appeal No. 39/2022
55. CWJC 10139/23 Appeal No. 33/2022 25.05.2023
56. CWJC 10732/23 Appeal No. 31/2022 04.05.2023
57. CWJC 13526/23 Appeal No. 44/2022 11.08.2023
58. CWJC 12965/24 Appeal No.283/2023 26.06.2024
59. CWJC 17645/23 Appeal No.36/2022 29.09.2023
4. Shorn of unnecessary details, the petitioners' case is
that petitioners in these batch of cases had applied for the post of
Panchayat Teacher in the year 2006 and year 2008 i.e. during the
first and second phase of the appointment process. Upon being
included in the merit list, they were called for counselling.
However, after the final selection process, these petitioners were
not appointed to the said post.
5. Further case of the petitioners is that subsequently,
certain selected candidates either resigned or voluntarily vacated
the post after serving for a few years. Upon acquiring knowledge
of these vacancies, the petitioners approached the District
Appellate Authorities seeking their appointment to the said post.
After considering the grievances of the petitioners and the
submissions made by the Panchayat Secretaries, the District
Appellate Authorities allowed the appeals in favour of the
petitioners considering the fact that their appointments were
made under the 2006 and 2008 selection process. Pursuant to the
aforesaid orders, the District Programme Officers
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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(Establishment) directed the respective Block Education Officers
to facilitate the joining of all the petitioners on the said post
within their respective districts.
6. Furthermore, all the petitioners submitted their
consent letters and assumed charge at the designated schools in
their respective districts. However, despite joining the said post,
their salaries were not disbursed. Consequently, the petitioners
approached this Hon'ble Court by filing various analogous writ
petitions. Upon adjudication of these matters, this Court allowed
the writ petitions, directing the competent authorities to verify
the claims of the petitioners and ensure the disbursement of their
salaries accordingly.
7. Learned counsel for the petitioners submits that the
respondents in the present writ petitions subsequently approached
the State Appellate Authority, challenging the order passed by the
District Appellate Authorities. The State Appellate Authority,
upon adjudication, allowed the appeals of the respondents,
thereby setting aside the appointment of the petitioners with
retrospective effect from their respective dates of appointment.
Consequently, all the petitioners were removed from their
respective posts, and the District Education Officers of the
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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concerned districts were directed to recover all payments
disbursed to the petitioners.
8. Aggrieved by the aforesaid orders of the State
Appellate Authority, the petitioners have preferred the present
writ petitions before this Court. In some cases, the coordinate
Bench of this court had stayed the orders of the State Appellate
Authority.
9. Per contra, learned counsel for the respondents
submits that the petitioners approached the District Appellate
Authorities after a lapse of five or six years from the conclusion
of the first and second phase of the appointment process in the
year 2007 and 2010. It is contended that the District Appellate
Authorities, without due consideration of the applicable
departmental guidelines and despite the completion of the
selection process for the said post under both the first and second
phases of recruitment, erroneously allowed the appeals of the
petitioners.
10. Learned Counsel for the respondents relied upon
the order dated 07.07.2015 passed by this court in C.W.J.C No.
6015 of 2015 (Md. Akil vs State of Bihar and Ors.) wherein this
court held that "no appointment can be made at this belated
stage on the post which was advertised and exercise was
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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completed in the year 2008. In addition to that since then rules
have changed the qualification and eligibility for appointment
has changed. Any appointment now will be governed by the
present rules in play."
11. Learned counsel for the respondents further
submits that the State Appellate Authority, after a detailed
examination of the matter, rightly allowed the appeals preferred
by the respondents. Consequently, it is asserted that the
grievances raised by the petitioners in the present batch of writ
petitions are devoid of merit and warrant outright rejection.
12. It is an undisputed fact that no cases or complaints
are pending before any competent authority. Consequently, the
District Appellate Authority would have considered any vacancy
arising due to resignation or an unfilled seat for the said post in
the recruitment process of the first and second phases.
13. In view of the aforesaid submissions and pleadings
of the parties, I think it proper and appropriate to frame following
points for consideration for deciding the case properly,
effectively and assistively.
I. Whether the District Appellate Authorities have the
power to pass an order regarding appointments against the
vacancies from the first phase held in 2006, which were later
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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carried forward to the second phase in 2008 and concluded in
December 2010, and if so, whether an appointment made by the
authorities after the closure of the first and second phase
appointments remains valid?
II. Whether the delay in filing of case by the petitioners
before the District Appellate Authorities, as well as the delay by
the District Programme Officers in appealing against the order of
the District Appellate Authorities without providing a satisfactory
reason before the District Appellate Authorities and the State
Appellate Authority, respectively, can be condoned?
III. Whether the District Appellate Authorities, while
passing its order, failed to appreciate and consider Letter No. 465
dated 09.07.2012 issued by the Principal Secretary of the
Education Department?
14. For the first issue, I would like to mention here that
the State or its instrumentalities play a crucial role in society, and
it is the legitimate expectation of citizens that they act fairly,
reasonably and in accordance with the principles of justice in all
spheres of governance. The sustenance and growth of democracy
fundamentally depend on the practice of good governance in
reality. The legal maxim Salus Populi Suprema Lex--which
translates to "the welfare of the people is the supreme law"--is
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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deeply embedded in the foundation of good governance. It
signifies the unwavering commitment of the State to upholding
citizens' rights, ensuring due respect for fundamental and
statutory rights in all governmental actions. It further conveys
that decisions by competent authorities must be taken with
utmost sincerity, and policies must be framed with the
overarching objective of public welfare, ensuring inclusivity and
uniformity in their application. The credibility of governance
significantly hinges upon the efficiency and integrity of
regulatory bodies. Consequently, their functioning must strictly
adhere to prescribed guidelines, statutory provisions, and
established legal principles to inspire public confidence and
facilitate the systematic growth of the economy. True progress is
realized when governance is effective, and the effectiveness of
governance, in turn, is contingent upon the proper
implementation of the law.
15. In the present batch of writ petitions, it is an
undisputed fact that all the petitioners approached the District
Appellate Authorities of their respective districts, seeking
appointment under the 2006 and 2008 recruitment process after
vacancies arose due to the voluntary resignation of candidates
who were initially appointed during the first phase and second
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
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phase of recruitment in 2006 and 2008 respectively. However, the
respondents have brought the attention of this Hon'ble Court on a
crucial fact that the first phase of the 2006 recruitment process
was concluded in 2007, and all unfilled vacancies were
subsequently carried forward to the second phase in 2008. The
second phase of recruitment was ultimately concluded in
December 2010, with a categorical directive from the higher
authorities that no further appointments were to be made after
31.12.2010
and that any remaining vacancies were to be carried
forward to the next phase of recruitment. Consequently, all
further appointments for the post of Panchayat Teacher were
discontinued. Furthermore, Letter No. 465, dated 09.07.2012,
issued by the Principal Secretary, Education Department,
explicitly directed that the remaining vacancies from the second
phase be merged with the vacancies of the third phase of
recruitment.
16. Upon bare perusal of the records, it is evidently
clear that the first phase of recruitment was concluded in the year
2007, while the second phase was concluded in 2010. In light of
this, it is indisputable that the petitioners approached the District
Appellate Authorities only after the closure of both the first and
second phases of the recruitment process. Furthermore, it is an
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
admitted fact that the petitioners were not appointed to the said
post by December 2010. Moreover, any vacancies that arose in
February 2012 would be categorized as future vacancies and
could not be considered under the concluded phases of the
recruitment process as it is a well settled principle of law and
upheld by the Hon'ble apex court in the case of State of Orissa v.
Rajkishore Nanda, reported in (2010) 6 SCC 777 and in
particular in para-11, what has been stated, is being reproduced
herein below :
11. It is a settled legal proposition that
vacancies cannot be filled up over and above the
number of vacancies advertised as "the recruitment
of the candidates in excess of the notified vacancies
is a denial and deprivation of the constitutional right
under Article 14 read with Article 16(1) of the
Constitution", of those persons who acquired
eligibility for the post in question in accordance with
the statutory rules subsequent to the date of
notification of vacancies. Filling up the vacancies
over the notified vacancies is neither permissible nor
desirable, for the reason, that it amounts to
"improper exercise of power and only in a rare and
exceptional circumstance and in emergent situation,
such a rule can be deviated and such a deviation is
permissible only after adopting policy decision based
on some rational", otherwise the exercise would be
arbitrary. Filling up of vacancies over the notified
vacancies amounts to filling up of future vacancies
and thus, not permissible in law.
(Emphasis supplied)
17. Thus, based on the aforesaid judgment of the Hon'ble
Apex Court, it is pertinent to mention here that no appointment
can be made on future vacancy because it will be in
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
contravention of Article 14 and 16 of the Constitution of India.
The same has also been clarified by the Hon'ble Apex Court in
the case of State of Punjab v. Raghbir Chand Sharma,
reported in (2002) 1 SCC 113, especially in Para 4, which is
quoted herein below:
4. We have carefully considered the submissions
of the learned counsel on either side. In our view,
the judgment rendered by the learned Single
Judge as well as the Division Bench of the
Punjab and Haryana High Court cannot be
sustained. As rightly contended for the appellant
State, the notification issued inviting applications
was in respect of one post and the first candidate
in the select panel was not only offered but on his
acceptance of offer came to be appointed and it
was only subsequently that he came to resign.
With the appointment of the first candidate for
the only post in respect of which the
consideration came to be made and select panel
prepared, the panel ceased to exist and has
outlived its utility and, at any rate , no one else in
the panel can legitimately contend that he should
have been offered appointment either in the
vacancy arising on account of the subsequent
resignation of the person appointed from the
panel or any other vacancies arising
subsequently. The circular order dated 22-3-
1957, in our view, relates to select panels
prepared by the Public Service Commission and
not a panel of the nature under consideration.
That apart, even as per the circular orders as
also the decision relied upon for the first
respondent, no claim can be asserted and
countenanced for appointment after the expiry of
six months. We find no rhyme or reason for such
a claim to be enforced before courts, leave alone
there being any legally protected right in the first
respondent to get appointed to any vacancy
arising subsequently, when somebody else was
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
appointed by the process of promotion taking into
account his experience and needs as well as
administrative exigencies. (Emphasis supplied)
18. Further, a similar sort of order has even been passed by this
court in LPA No. 1398 of 2013, which is quoted below:
.......here is a vacancy subsisting because of resignation of
one of the selected candidates now is of no avail because
law is well settled in this regard even by the Apex Court that
any vacancy caused after joining and resignation cannot be
used for the same to be filled up by any candidate from the
panel as the panel life comes to an end after the
appointment process is over. (Emphasis supplied)
19. Also, in an order passed by this court vide CWJC No. 7481 of
2014, which clearly demarcates that any future vacancy will have to
be filled in future exercise for appointment and according to future
rules and regulations.
"In addition to that, no appointment is required to be made on
any post now after the cut-off date, which was indicated by the
State Government and which is reflected even from the
communication contained in Anenxure-3. Such vacancies now
will be required to be filled up against future exercise for
appointment. In addition to that, no person can be appointed as
a Panchayat Teacher unless he or she qualifies the Teacher
Eligibility Test, which is mandatory."
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
20. Thus, in light of the aforementioned judgments of the
Hon'ble Apex Court and this Court, and upon due consideration
of the facts and circumstances of the present writ petitions, I am
of the considered view that the recruitment process for the first
phase and second phase of the 2006 and 2008 appointment was
conclusively completed by the year 2010. The petitioners in the
present case were applicants under the first and second phase of
recruitment for the said post. It is, therefore, evident from the
judgments rendered by the Hon'ble Apex Court and this Court
that the impugned orders passed by the District Appellate
Authorities on various dates, allowing the petitioners' claims, are
in direct contravention of the settled legal principles laid down
through the precedents. The impugned orders are in clear
violation of Articles 14 and 16 of the Constitution of India,
rendering them legally unsustainable."
21. Furthermore, had the District Appellate Authorities deemed
it appropriate to fill up the vacancies from the 2006 and 2008
appointment panel, the principles of fairness and equality would
have necessitated the consideration of all candidates from the first
and second phase of the 2006 and 2008 recruitment process. The
authorities could not have arbitrarily excluded other eligible
candidates based on a mere presumption that they were either
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
disinterested in employment or had forfeited their rights by not
approaching the District Appellate Authorities. Such an approach
would be manifestly unjust and in violation of the principles
enshrined under Articles 14 and 16 of the Constitution of India.
22. Furthermore, in the present case, if the District Appellate
Authorities had found merit in the petitioners' claims for
appointment, the matter ought to have been referred to the
Appointment Committee/Employment Committee, which is the
competent authority vested with the power to make such
appointments. The failure to adhere to this procedural
requirement renders the decision of the District Appellate
Authorities legally unsustainable. In this regard, it is a well-
settled principle of law, as consistently reiterated by the Hon'ble
Apex Court in a catena of decisions, that actions prohibited
directly cannot be effectuated indirectly, as encapsulated in the
Latin maxim "quando aliquid prohibetur ex directo, prohibetur
et per obliquum," meaning "that which is prohibited directly
cannot be achieved indirectly."
23. With respect to the jurisdiction of the District Appellate
Authorities, it is imperative to underscore that the Learned
District Appellate Authorities lacked the jurisdiction to entertain
claims arising from the first and second phase of the 2006 and
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
2008 recruitment process respectively. During that phase, the
competent authority to adjudicate complaints was the Block
Development Officer (BDO), as the District Appellate
Authorities had not yet been duly constituted at that time. This
jurisdictional limitation is further reinforced by the judgment in
LPA No. 984 of 2014, wherein this Court categorically held that:
The learned Single Judge further held, keeping in
view the scheme of the rules and the manner in which
the forum of appellate authority, the B.D.O., was
replaced by the Tribunal and the time when it was
done would show that the interference by the B.D.O.
was in respect of first phase of the appointment
process. When second phase appointment process
started, the power of B.D.O. was taken away and
vested in the Tribunal. All pending matters before the
B.D.O. were then transferred to the Tribunal.
Therefore, the scheme rightly appreciated by the
learned Single Judge was that the Tribunal was to
interfere only with matters of second phase
appointments and matters pending in relation to the
first phase of appointments. In other words, Tribunal
was not competent to entertain grievances for the first
time in respect of the first phase of appointments
which had been completed before the Tribunal was
constituted. At that time, it was the B.D.O. who was
the competent authority. This reason appeals to us
and we accept that this ground for holding in favour
of the writ Petitioners and as against the appellant in
this appeal can also be supported by another reason
i.e. the selection process and the appointment took
place in the year 2007 and the challenge to it was
made before the Tribunal only in the year 2011,
though the appellants pleads that he had immediately
represented or protested before the B.D.O., the
Collector and others. There are no materials
contemporaneous to substantiate such submissions. If
there was any matter pending before the B.D.O., then
it would have been transferred to the Tribunal.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
(Emphasis supplied)
24. Henceforth, under these circumstances, the District Appellate
Authorities ought not to have adjudicated the matter or directly
appointed the petitioners solely on the basis of an appeal filed
before them. The said authority was not the appropriate forum
vested with the jurisdiction to make appointments to the post in
question. Any grievance pertaining to the first phase of the 2006
appointment process was required to be adjudicated first by the
Block Development Officer (BDO), followed by the appropriate
appellate authority, in accordance with the prescribed legal
framework. Consequently, the action of the District Appellate
Authorities in bypassing the due process and usurping the
jurisdiction of the competent appointing authority is ultra vires
and legally unsustainable. The impugned action is, therefore, bad
in law and is liable to be declared void ab initio. Thus, Issue No.I
is decided against the petitioners.
25. Now, coming to the Issue No.II. From perusal of the
pleadings, it is evident that the appointment process for the first
phase of 2006 and second phase of 2008 was concluded in the
year 2007 and 2010 respectively. However, the petitioners
inexplicably delayed the filing of their appeals before the District
Appellate Authorities for a period exceeding six or eight years.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
Notably, the present case is not one where the petitioners were
overlooked in favor of another candidate; rather, it pertains to
appointments on posts that became vacant in 2012. Despite the
occurrence of vacancies in 2012, the petitioners further delayed
approaching the District Appellate Authorities for an additional
three to four years. It is significant to underscore that the
petitioners have failed to provide any justification for such an
inordinate delay or to demonstrate any compelling circumstances
that prevented them from promptly seeking redressal.
26. Furthermore, in their appeal before the District Appellate
Authorities, the petitioners deliberately omitted to implead the
District Programme Officer, District Education Officer, and other
relevant officials of the Education Department as necessary
parties. This calculated omission resulted in a failure to present a
comprehensive and accurate account of the matter before the
adjudicating authority. Under these circumstances, the
respondents, being directly affected by the impugned orders, had
every right to challenge the same before the State Appellate
Authority as aggrieved parties. The fact that they were not made
parties in the proceedings before the District Appellate
Authorities further underscores the deliberate attempt by the
petitioners to suppress pertinent policies, rules, and directives
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
issued by the respondent authorities. Such concealment of
material facts and circumvention of due process cannot be
countenanced under law.
27. Thereafter, it is imperative to refer to the observations made
by the State Appellate Authority in one of the cases, specifically
Appeal No. 132/2021, which meticulously delineates the state of
affairs and prevailing circumstances following the closure of the
first phase of appointment in the year 2007. The findings of the
State Appellate Authority provided the critical insights into the
procedural and legal framework governing the appointment
process, thereby reinforcing the factual and legal position in the
present matter.
In this connection, this Authority is also tempted to
consider letter no. 1385 dated 21.12.2018 written by
Director, Primary Education to Arun Kumar Sinha,
Presiding Officer of District Appellate Authority,
Gopalganj. This letter mentions that more than 100
orders have been passed by that Presiding Officer
against departmental rules. A number of cases of 2015
and 2016 have been quoted next, in which the
department had found that such orders had been
passed. In particular it has been stated that orders are
being passed regarding appointment on post falling
vacant due to resignation of a selected candidates in
complete violation of orders of Hon'ble High Court
and Supreme Court of India. This Authority has
considered this letter to show the state of affairs that
was reported to be prevailing in this respect at that
point of time. It may be noted that the present
impugned order also relates to appointment on a post
falling vacant due to resignation of a selected teacher
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
and this order has been passed by the same Presiding
Officer to which the above said letter was addressed.
Also, it relates to the same period. This Authority feels
that in deciding the maintainability of this appeal, it is
the most important point to be considered that it is the
duty of any court of law to ensure that no benefit goes
to anyone involved in such racket of illegal
appointment. Obviously, it is a case of concealment
and misrepresentation by the applicants, concealment
and misrepresentation by Panchayat Secretary and
Mukhiya and an equally inappropriate act of the
District Authority. It is a massive fraud played upon
the society.
28. In light of the aforesaid facts and circumstances, it is my
considered opinion that the appeal preferred by the Petitioners
before the District Appellate Authorities is barred by limitation as
they have failed to provide any cogent justification or plausible
explanation for the inordinate delay in approaching the District
Appellate Authorities. In the absence of any satisfactory
reasoning for such a prolonged lapse, the appeal is rendered
unsustainable in law.
29. Now, with respect to the issue of condonation of delay in
filing the appeal before the State Appellate Authority by the
Respondents, I am of the considered view that the same has been
extensively discussed by the Hon'ble Apex Court in the case of
Collector (Land Acquisition) v. Katiji, reported in (1987) 2 SCC
107 at page 108. The observations made therein are significant in
determining the approach towards condonation of delay, wherein
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
the Hon'ble Court has underscored that substantial justice must
prevail over technical considerations, and that a pragmatic and
just approach should be adopted while dealing with delay in
filing the appeals. Accordingly, the principles laid down in the
aforementioned judgment shall govern the present matter. For the
sake of reference, I may quote the relevant extracts of the
aforesaid judgment of the Hon'ble Apex Court.
3. The legislature has conferred the power to
condone delay by enacting Section 5 [ Any appeal or
any application, other than an application under any
of the provisions of Order XXI of the Code of Civil
Procedure, 1908, may be admitted after the
prescribed period if the appellant or the applicant
satisfies the court that he had sufficient cause for not
preferring the appeal or making the application
within such period.] of the Indian Limitation Act of
1963 in order to enable the courts to do substantial
justice to parties by disposing of matters on
"merits". The expression "sufficient cause"
employed by the legislature is adequately elastic to
enable the courts to apply the law in a meaningful
manner which subserves the ends of justice -- that
being the life-purpose for the existence of the
institution of courts. It is common knowledge that this
Court has been making a justifiably liberal approach
in matters instituted in this Court. But the message
does not appear to have percolated down to all the
other courts in the hierarchy. And such a liberal
approach is adopted on principle as it is realized
that:
"1. Ordinarily a litigant does not stand to benefit by
lodging an appeal late.
2. Refusing to condone delay can result in a
meritorious matter being thrown out at the very
threshold and cause of justice being defeated. As
against this when delay is condoned the highest that
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
can happen is that a cause would be decided on
merits after hearing the parties.
3. "Every day's delay must be explained" does not
mean that a pedantic approach should be made. Why
not every hour's delay, every second's delay? The
doctrine must be applied in a rational common sense
pragmatic manner.
4. When substantial justice and technical
considerations are pitted against each other, cause of
substantial justice deserves to be preferred for the
other side cannot claim to have vested right in
injustice being done because of a non-deliberate
delay.
5. There is no presumption that delay is occasioned
deliberately, or on account of culpable negligence, or
on account of mala fides. A litigant does not stand to
benefit by resorting to delay. In fact he runs a serious
risk.
6. It must be grasped that judiciary is respected not on
account of its power to legalize injustice on technical
grounds but because it is capable of removing
injustice and is expected to do so.
Making a justice-oriented approach from this
perspective, there was sufficient cause for condoning
the delay in the institution of the appeal. The fact that
it was the "State" which was seeking condonation and
not a private party was altogether irrelevant. The
doctrine of equality before law demands that all
litigants, including the State as a litigant, are
accorded the same treatment and the law is
administered in an even-handed manner. There is no
warrant for according a step-motherly treatment when
the "State" is the applicant praying for condonation
of delay. In fact experience shows that on account of
an impersonal machinery (no one in charge of the
matter is directly hit or hurt by the judgment sought to
be subjected to appeal) and the inherited bureaucratic
methodology imbued with the note-making, file-
pushing and passing-on-the-buck ethos, delay on its
part is less difficult to understand though more
difficult to approve. In any event, the State which
represents the collective cause of the community, does
not deserve a litigant-non-grata status. The courts
therefore have to be informed with the spirit and
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
philosophy of the provision in the course of the
interpretation of the expression "sufficient cause". So
also, the same approach has to be evidenced in its
application to matters at hand with the end in view to
do even-handed justice on merits in preference to the
approach which scuttles a decision on merits. Turning
to the facts of the matter giving rise to the present
appeal, we are satisfied that sufficient cause exists for
the delay. The order of the High Court dismissing the
appeal before it as time-barred, is therefore, set aside.
Delay is condoned. And the matter is remitted to the
High Court. The High Court will now dispose of the
appeal on merits after affording reasonable
opportunity of hearing to both the sides.
(Emphasis supplied)
30. As, far as an appeal by the "State" is concerned before the
State Appellate Authority this court takes the reference of the
guidelines given by the Hon'ble Apex Court in the case of State
of Haryana v. Chandra Mani, reported in (1996) 3 SCC 132 at
page 138.
11. It is notorious and common knowledge that
delay in more than 60 per cent of the cases filed in this
Court -- be it by private party or the State -- are
barred by limitation and this Court generally adopts
liberal approach in condonation of delay finding
somewhat sufficient cause to decide the appeal on
merits. It is equally common knowledge that litigants
including the State are accorded the same treatment
and the law is administered in an even-handed manner.
When the State is an applicant, praying for
condonation of delay, it is common knowledge that on
account of impersonal machinery and the inherited
bureaucratic methodology imbued with the note-
making, file-pushing, and passing-on-the-buck ethos,
delay on the part of the State is less difficult to
understand though more difficult to approve, but the
State represents collective cause of the community. It is
axiomatic that decisions are taken by officers/agencies
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
proverbially at slow pace and encumbered process of
pushing the files from table to table and keeping it on
table for considerable time causing delay --
intentional or otherwise -- is a routine. Considerable
delay of procedural red-tape in the process of their
making decision is a common feature. Therefore,
certain amount of latitude is not impermissible. If the
appeals brought by the State are lost for such default
no person is individually affected but what in the
ultimate analysis suffers, is public interest. The
expression "sufficient cause" should, therefore, be
considered with pragmatism in justice-oriented
approach rather than the technical detection of
sufficient cause for explaining every day's delay. The
factors which are peculiar to and characteristic of the
functioning of the governmental conditions would be
cognizant to and requires adoption of pragmatic
approach in justice-oriented process. The court should
decide the matters on merits unless the case is
hopelessly without merit. No separate standards to
determine the cause laid by the State vis-à-vis private
litigant could be laid to prove strict standards of
sufficient cause. The Government at appropriate level
should constitute legal cells to examine the cases
whether any legal principles are involved for decision
by the courts or whether cases require adjustment and
should authorise the officers to take a decision or give
appropriate permission for settlement. In the event of
decision to file appeal needed prompt action should be
pursued by the officer responsible to file the appeal
and he should be made personally responsible for
lapses, if any. Equally, the State cannot be put on the
same footing as an individual. The individual would
always be quick in taking the decision whether he
would pursue the remedy by way of an appeal or
application since he is a person legally injured while
State is an impersonal machinery working through its
officers or servants. Considered from this perspective,
it must be held that the delay of 109 days in this case
has been explained and that it is a fit case for
condonation of the delay. (Emphasis supplied)
31. In another judgment of Hon'ble Supreme Court passed in
Civil Appeal no. 2474 of 2012, wherein the Hon'ble Court's
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
observation mentioned in para 12 and 13 is reiterated below
herein in the words of Hon'ble Apex Court-
12) ..... Though we are conscious of the fact that in a
matter of condonation of delay when there was no
gross negligence or deliberate inaction or lack of
bonafide, a liberal concession has to be adopted to
advance substantial justice, we are of the view that in
the facts and circumstances, the Department cannot
take advantage of various earlier decisions. The claim
on account of impersonal machinery and inherited
bureaucratic methodology of making several notes
cannot be accepted in view of the modern technologies
being used and available. The law of limitation
undoubtedly binds everybody including the
Government.
13) In our view, it is the right time to inform all the
government bodies, their agencies and
instrumentalities that unless they have reasonable and
acceptable explanation for the delay and there was
bonafide effort, there is no need to accept the usual
explanation that the file was kept pending for several
months/years due to considerable degree of procedural
red-tape in the process. The government departments
are under a special obligation to ensure that they
perform their duties with diligence and commitment.
Condonation of delay is an exception and should not
be used as an anticipated benefit for government
departments. The law shelters everyone under the
same light and should not be swirled for the benefit of
a few.
32. Thereafter, this Court seeks recourse to another judgment
delivered by the Hon'ble Apex Court in Civil Appeal No. 8183-
8184 of 2013. In this judgment, various precedents set by the
Hon'ble Apex Court have been referred to, and based on those, a
comprehensive list of broad principles governing the law of
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
limitation has been enumerated in paragraph 15 of the judgment.
Notably, points (xi) to (xiii) of these principles hold overriding
significance, as they establish the supremacy of substantive
justice over technicalities and emphasize a liberal approach in
matters concerning condonation of delay. Following are notable
points mentioned by the Apex Court in the aforesaid case -
15. From the aforesaid authorities the principles that
can broadly be culled out are:
(i) There should be a liberal, pragmatic, justice
oriented, non-pedantic approach while dealing with
an application for condonation of delay, for the courts
are not supposed to legalise injustice but are obliged
to remove injustice.
(xi) It is to be borne in mind that no one gets away
with fraud, misrepresentation or interpolation by
taking recourse to the technicalities of law of
limitation.
(xii) The entire gamut of facts are to be carefully
scrutinized and the approach should be based on the
paradigm of judicial discretion which is founded on
objective reasoning and not on individual perception.
(xiii) The State or a public body or an entity
representing a collective cause should be given some
acceptable latitude. (Emphasis supplied)
33. The eminent jurist Salmond, in his treatise Jurisprudence,
has aptly stated that "the laws come to the assistance of the
vigilant and not of the sleepy." Further the law of limitation,
being a fundamental principle of legal discipline, applies
uniformly to all, including the Government and its various
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
instruments. However, it is evident that the principle of adopting
a justifiably liberal approach in certain cases has not effectively
percolated down to the administrative mechanisms. Thus, in light
of the aforementioned legal precedents, I find that the order in
question unequivocally establishes that, while appeals filed by
the State may be dismissed on grounds of delay attributable to
the default of an officer or employee, the ultimate casualty in
such instances is public interest. Public interest, being a
paramount consideration in the exercise of judicial discretion
conferred by relevant statutes, necessitates that some reasonable
latitude be extended to the State in matters where the delay is
neither mala fide nor indicative of gross negligence.
34. Henceforth, as previously observed, the present case is one
among several instances wherein concealment,
misrepresentation, and fraudulent conduct have been perpetrated
by the Petitioners in collusion with the Panchayat authorities.
Therefore, in view of the well-established principles enunciated
by the Hon'ble Apex Court, as cited hereinabove, this Court finds
that the State Appellate Authority has rightly exercised its
discretion in condoning the delay in filing the appeal by the
Respondent Authorities. The said Appellate authority has
appropriately adjudicated the matter on its merits, ensuring that
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
justice is not defeated by procedural technicalities, particularly in
cases where fraud and misrepresentation vitiate the claims of the
Petitioners. Thus, Issue No.II is also decided against the
petitioners.
35. Now, coming to the last issue i.e. Issue No.III. As
elaborately discussed herein above, this Court is of the
considered view that Letter No. 465, dated 09.07.2012, was
issued by the Principal Secretary of the Education Department
well before the Petitioners filed their appeals before the District
Appellate Authorities. Moreover, it is a well-settled principle of
law that "No one stands above the law," and the term "Law" has
been inclusively defined under Article 13(3)(a) of the
Constitution of India as-
(a) "law" includes any Ordinance, order, bye-law,
rule, regulation, notification, custom or usage having
in the territory of India the force of law;
And, the Article 13(3)(b) of the Constitution specifically provides
the meaning of "Laws in force" as mentioned below-
(b) "laws in force" includes laws passed or made by a
Legislature or other competent authority in the
territory of India before the commencement of this
Constitution and not previously repealed,
notwithstanding that any such law or any part thereof
may not be then in operation either at all or in
particular areas.
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
Moreover, according to the Black Law Dictionary - the
term "Rule of Law" defined as "A legal principle, of general
application, sanctioned by the recognition of authorities, and
usually expressed in the form of a maxim or logical proposition."
36. Thereafter, in the present facts and circumstances of the
case, once a letter has been issued by a competent authority, it
assumes binding force upon all concerned, as the overarching
principle that "no one is above the law" comes into immediate
effect. Moreover, the issuance of such a letter by a competent
authority brings it within the ambit of "law" as defined under
Article 13(3)(a) of the Constitution of India, thereby reinforcing
its character as an instrument of the rule of law. In light of this
constitutional mandate, any action or claim that runs contrary to
the established legal framework is legally untenable and cannot
be sustained. Furthermore, upon the issuance of the said letter,
the District Appellate Authorities were legally obligated to
adhere to its directives. However, in the instant case, the District
Appellate Authorities failed to consider and apply the directives
contained therein while adjudicating the appeals filed by the
Petitioners. This glaring omission has been extensively examined
and critiqued by the State Appellate Authority in its impugned
order. Consequently, it is evident that the District Appellate
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
Authorities committed a grave legal error by disregarding and
failing to accord due consideration to Letter No. 465, dated
09.07.2012, while rendering its decision.
37. Thereafter, I find it relevant herein to make a reference of
another case, bearing CWJC No. 12593 of 2018, wherein the
order dated 30.08.2022, dealing with a similar subject matter,
assumes significance. The relevant paragraph of the said
judgment is pertinent to be quoted herein.
The question whether the vacancy would relate to
the year 2008 is required to be examined. If a person
obtains appointment by fraudulent means and
continues on the post years together like in the present
case, the said teachers were terminated in the year
2015 or so, whether the vacancy can be treated to have
fallen vacant in 2008.
In the opinion of this court, the vacancy would not
relate back to the year of recruitment. The selections
are made by a direct recruitment. A person who holds
post and illegally occupies it, therefore, as and when he
is removed or resigns voluntarily, the post falls vacant
on that particular day and would be available for direct
recruitment for subsequent years.
38. In view thereof, since the new recruitment rules came into
force after 2012, any vacancy arising in the year 2015 due to
voluntary resignation of an individual who had secured
appointment through legal means, would be deemed to have
fallen vacant at that point in time. Consequently, such vacancies
must be filled strictly in accordance with the 2012 recruitment
Patna High Court CWJC No.16170 of 2022 dt.07-03-2025
rules or any other rules prevailing at the time the vacancy arises.
As a result, the claims of individuals who had applied during the
initial appointment process would not subsist, as the selection
process must conform to the legal framework in force at the time
of the vacancy rather than the rules that existed at the time of the
initial appointment. Thus, Issue No.III is decided against the
petitioners.
39. Considering the facts and circumstances of the case and the
precedents as discussed herein above, I found that the State
Appellate Authority has rightly allowed all the appeals preferred
by the respondents and the same are upheld. In the result, all
these writ petitions are dismissed.
40. Interlocutory Applications, if any, shall also stand disposed
of.
(Anjani Kumar Sharan, J)
Trivedi/-
AFR/NAFR AFR
CAV DATE 30.01.2025
Uploading Date 07.03.2025
Transmission Date
