Citation : 2025 Latest Caselaw 4241 Patna
Judgement Date : 30 October, 2025
THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15455 of 2025
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Ram Babu Sah, Son of Late Beni Sah, resident of village-Turkauliya, P.O-
Jhouaram, Police Station-Dhaka, District-East Champaran at Motihari,
presently posted as Incharge Headmaster upgraded Middle School Shyam
Bakhari, P.S-Dhaka, District- East Champaran.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, New Secretariat, Patna.
2. The Director, Primary Education, Education Department, Govt. of Bihar,
New Secretariat, Patna.
3. The District Magistrate, Motihari, District-East Champaran at Motihari.
4. The District Education Officer, Motihari, District- East Champaran at
Motihari.
5. The District Programme Officer, (Establishment), Motihari, District- East
Champaran at Motihari.
6. The Block Education Officer, Dhaka, Block and P.S- Dhaka, District-East
Champaran at Motihari.
7. The Secretary Block Teacher Employment Unit, Dhaka, Block and P.S-
Dhaka, Dist-East Champaran at Motihari.
8. Sanjeev Ranjan Kumar, s/o Late Mathura Prasad, Resident of village-Shyam
Bakhari, P.O- Jhauaram, P.S- Dhaka, District- East Champaran, presently
posted as Assistant Teacher upgraded Middle School (Shyam Bakhari, P.S-
Dhaka, District- East Champaran.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Shyama Kant Singh, Advocate
For the Respondent/s : Mr. Ajay Behari Sinha, GA.8
Mr. Neeraj Raj, AC to GA.8
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 30-10-2025
Heard the parties.
2. The petitioner is aggrieved with the order
contained in Memo No. 4113, dated 21.08.2025 issued by the
District Programme Officer (Establishment) East Champaran Patna High Court CWJC No.15455 of 2025 dt.30-10-2025
whereby private Respondent No.8 has been appointed as In-
Charge Headmaster upgraded Middle School, Shyam Bakhari,
Dhaka by replacing the petitioner on the basis of representation
of the Respondent No.8.
3. Learned Advocate for the petitioner submitted
that despite the fact that both the petitioner and the private
Respondent have been duly appointed as Exclusive Teacher and
the petitioner being senior to him, he has been wrongly and
illegally deprived from continuing as In-Charge Headmaster of
the school, in question, by adopting pick and choose basis. It is
further submitted that private Respondent No.8 is also subjected
to departmental as well as criminal cases besides various other
allegations being made by the local people and the villagers by
filing various representations; nonetheless, he was appointed as
In-Charge Headmaster of the school, by replacing the petitioner.
4. Learned Advocate for the State submits that the
issue with regard to the inter se seniority between the petitioner
and the private Respondent is required to be looked into by the
concerned authority.
5. In view of the submissions advanced and taking
note of the limited grievance of the petitioner, this Court instead
of keeping the matter pending, thinks it proper to dispose of the Patna High Court CWJC No.15455 of 2025 dt.30-10-2025
same extending liberty to the petitioner to file appropriate
representation along with the necessary documents in support of
his claim before the Respondent No.2, preferably within a
period of four weeks.
6. In case, such a representation is filed by the
petitioner within the stipulated period, the same shall be
considered and disposed of within a further period of eight
weeks.
7. The Writ petition stands disposed of.
(Harish Kumar, J) manish/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 04.11.2025 Transmission Date NA
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