Patna High Court
Kumari Sarika vs The State Of Bihar on 20 March, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4487 of 2025
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Kumari Sarika W/o Sandeep Kumar Ojha R/o Vill.- Manihari Paschim Tola,
P.O. Manihari, P.S. Manihari, Dist. Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through its Secretary, Education Department, Govt. of
Bihar, New Secretariat, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar, New
Secretariat, Patna.
3. The Director Secondary Education, Govt. of Bihar, New Secretariat, Patna.
4. The Director (Primary Education), Govt. of Bihar, New Secretariat, Patna.
5. The District Magistrate, Katihar.
6. The District Education Officer, Katihar.
7. The District Program Officer (Establishment), Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate
For the State : Mr. Mujtabul Haque, GP 12
Mr. Vasant Vikas, AC to GP 12
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 20-03-2025
Heard Mr. Shashi Bhushan Kumar, learned
counsel appearing on behalf of the petitioner and Mr. Mujtabul
Haque, learned GP 12 along with Mr. Vasant Vikas, learned AC
to GP 12 for the State.
Patna High Court CWJC No.4487 of 2025 dt.20-03-2025
2/5
2. Petitioner has inter alia prayed for following
reliefs in the paragraphs No.1 of the writ petition:-
"(I) To quash the memo no.417 dated
30.01.2025
issued by the District Program Officer
(Establishment), Katihar whereby and whereunder
objection raised that History (Hons.), Social Science and
Home Science is taught in graduation, which contrary to
the qualification prescribed for a hindi teacher in
Advertisement No.27/2023 and further directed that in
case of non receipt of satisfactory certificate or reply in
relation to the objections, the appointment is cancelled in
the light of clause 9(II) of Advertisement no.27/2023 of
Bihar Public Service Commission and amount given
under the head of salary etc. will be recovered under the
provisions of Bihar and Orissa Public Demand Recovery
Act 1914 and other legal action will be taken. A copy of
memo dated 30.1.2025 is annexed herewith and marked as
Annexure-P/1 to this application.
(ii) To direct the respondent authority not
to disturb the petitioner in discharging his duty as a Hindi
school teacher in upgraded High School Hasanganj,
Block Hasanganj, District Katihar
And/or any other appropriate relief(s) to
the petitioners for which they may found entitle under the
fact and circumstances of the case."
3. Brief facts of the case is that pursuant to
Advertisement No.27/2023 for the post of appointment as a
school teacher in Middle school (Class 6-8), petitioner applied
and after scrutiny of application from, the Bihar Public Service
Commission issued admit card to the petitioner. Thereafter, the
petitioner appeared and he was declared successful candidate
under EWS category. On 13.01.2024, the respondent no.6 issued
provisional appointment letter to the petitioner and on
08.02.2024, the petitioner was posted in upgraded High School
Surapartal and she was discharging her duty. All of a sudden, the
Patna High Court CWJC No.4487 of 2025 dt.20-03-2025
District Programme Officer (Establishment), Katihar, issued
memo No.417 dated 30.01.2025 seeking show cause from the
petitioner, as to why, in view of the condition contained in
Clause 9(II) of Advertisement No.27/2023 her appointment
should not be terminated. Petitioner is aggrieved by the show
cause and action contemplated under Bihar and Orissa Public
Demand Recovery Act for recovery of the salary allegedly paid.
4. The learned counsel appearing on behalf of the
petitioner submitted that as per the Advertisement clause 2 (A),
the minimum educational and training qualification for
appointment of school teachers of classes 6 to 8 is graduation or
post graduation with at least 50% marks and B.Ed and the
petitioner passed the post graduation exam with Hindi subject
and also holds B.Ed. Qualification and therefore, the impugned
order dated 30.01.2025 is illegal and the same is contrary to
advertisement.
5. Per contra, learned counsel for the State failed
to explain when Bihar State School Teacher (Appointment,
Transfer, Disciplinary, Action and Service Conditions) Rules,
2023 (hereinafter referred to as the "Rules, 2023") has been
made applicable to the teachers appointed after holding open
examination by the BPSC, who have been been selected as
Patna High Court CWJC No.4487 of 2025 dt.20-03-2025
State teachers. Action against a State teacher is required to be
taken as per the prescribed procedure of Rules, 2023.
6. Heard the parties.
7. The action of the District Programme Officer
(Establishment), Katihar, as contained in memo No.417 dated
30.01.2025 seeking show cause from the petitioner, as to why, in
view of the condition contained in Clause 9(II) of
Advertisement No.27/2023, her appointment should not be
terminated and recovery of salary already paid to her should not
be made. In accordance with the provision of Rules, 2023, the
petitioner, who has been selected as State teacher and worked
cannot be terminated without following due procedure for
alleged illegal appointment. The show cause containing charges
in prescribed form "K" has not been served as per the prescribed
procedure laid down under Rule 17 of the Bihar Government
Servants (Classification, Control & Appeal) Rules, 2005 for
imposing major punishment of termination as per the
requirement of Rule 14 of Rules, 2023.
8. The District Programme Officer
(Establishment) who has taken action against the petitioner has
acted without jurisdiction even if the appointment of the
petitioner is provisional. For terminating an employee,
Patna High Court CWJC No.4487 of 2025 dt.20-03-2025
mandate of Article 311(2) of the Constitution of India has to be
followed. The Memo No.417 dated 30.01.2025 issued by the
District Programme Officer (Establishment), Katihar being
without jurisdiction is hereby set aside and quashed.
9. The writ petition is allowed.
(Purnendu Singh, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.03.2025
Transmission Date NA
