Patna High Court
Vinod Kumar vs The State Of Bihar on 17 September, 2025
0IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14048 of 2023
======================================================
1. Vinod Kumar S/o Sri Bhageerath Baitha, Resident of Village and Post-
Jitana, District- East Champaran, at present posted as Panchayat Teacher
Nav Srijit Primary School, Panchayat Gola Pakariya, Block- Bankatwa,
District-East Champaran (Motihari).
2. Priyanka Kumari, W/o Pramod Kumar, Resident of Village and Post- Jitana,
District-East Champaran, at present posted as Panchayat Teacher Nav Srijit
Primary School, Panchayat Gola Pakariya, Block- Bankatwa, District-East
Champaran (Motihari).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Director, Primary Education, Government of Bihar, Patna.
3. The District Education Officer, East Champaran.
4. The District Programme Officer (Establishment), District- East Champaran
(Motihari).
5. The Block Development Officer, Block- Bankatwa, District- East
Champaran (Motihari).
6. The Block Education Officer, Block- Bankatwa, District- East Champaran
(Motihari).
7. The Panchayat Secretary, Panchayat Raj Gola Pakadiya, Block- Bankatwa,
District- East Champaran (Motihari).
8. The Mukhiya, Panchayat Raj Gola Pakadiya, Block- Bankatwa, District-
East Champaran (Motihari).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Chaudhary, Sr. Advocate
Mr. Binit Kumar, Advocate
For the Respondent/s : Mr. Kameshwar Kumar (Gp17)
Mr. Amit Bhushan, AC to GP- 17
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 17-09-2025
Heard learned counsel for the parties.
2. This writ petition has been filed challenging the order
dated 16.06.2023 passed by the State Appellate Authority in
Appeal No. 170 of 2023, whereby the petitioners' appeal filed
Patna High Court CWJC No.14048 of 2023 dt.17-09-2025
2/10
before the State Appellate Authority challenging the order dated
22.12.2017
; letter No. 07 dated 22.12.2017 and letter No. 08 dated
22.12.2017, issued under the seal and signature of the Panchayat
Secretary and Mukhiya of the Gola Pakariya Panchayat, Block -
Bankatwa District - East Champaran cancelling the petitioners'
services as Panchayat Teacher, has been dismissed.
3. The petitioners were appointed as Panchayat Teacher
on 30.11.2006 on the strength of their educational qualification of
Parthama, Madhyama (Visharad) obtained from the Hindi Sahitya
Sammelan, Prayag, Allahabad considering it to be equivalent to
intermediate. The petitioners' appointment as Panchayat Teacher
was cancelled by the Panchayat authority vide letter dated
22.12.2017 on the ground that the educational qualification of
Parthama, Madhyama (Visharad) obtained from the Hindi Sahitya
Sammelan, Prayag, Allahabad is not recognized as equivalent to
intermediate and therefore, since the intermediate pass is an
essential qualification for appointment of the Panchayat Teacher,
the petitioners could not have been appointed as Panchayat
Teacher initially.
4. The State Appellate Authority vide impugned order
dated 16.06.2023, has dismissed the appeal filed by the petitioners
by relying on the decision rendered by the Division Bench of this
Patna High Court CWJC No.14048 of 2023 dt.17-09-2025
Court in LPA No. 28 of 2010, wherein, this Court had held that the
educational qualification of Parthama, Madhyama (Visharad)
obtained from the Hindi Sahitya Sammelan, Prayag, Allahabad is
not recognized as an educational qualification equivalent to
intermediate and therefore, any appointment made as Panchayat
Teacher on the basis of the educational qualification of Parthama,
Madhyama (Visharad) obtained from the Hindi Sahitya Sammelan,
Prayag, Allahabad would be void ab-initio.
5. The order of the State Appellate Authority passed in
Appeal No. 170 of 2023 has been contested by the learned senior
counsel for the petitioners by relying on an order of this Court
dated 11.07.2019 passed in CWJC No. 16939 of 2018 as well as
the letter dated 11.02.2012 written by the Director, Primary
Education, Government of Bihar to all the District Education
Officers/ District Education Superintendents regarding the degree
of Parthama, Madhyama (Visharad) awarded by the Hindi Sahitya
Sammelan, Prayag, Allahabad, wherein, it has been stated that the
Human Resources Development vide letter No. 3152 dated
25.08.2008, has declared the degree of Parthama, Madhyama
(Visharad) awarded by the Hindi Sahitya Sammelan, Prayag,
Allahabad as invalid for recruitment of teacher but the teachers
Patna High Court CWJC No.14048 of 2023 dt.17-09-2025
employed on the above degree in the year 2006 will continue to
hold their post.
6. Order dated 11.07.2019 passed in CWJC No. 16939
of 2018 is extracted hereinbelow for ready reference:
'Heard learned counsel for the petitioner
and the counsel appearing on behalf of the State.
This writ petition was filed after service of
two advance copies to the office of Advocate General
on 27.7.2018 yet no counter affidavit has been filed
by the respondents.
Grievance of the petitioner in the present
writ application is non-payment of salary despite the
petitioner is continuing as teacher.
Learned counsel for the petitioner submits
that respondents have appointed the petitioner in
2006. They are not making payment on the pretext
that the degree obtained from Hindi Sahitaya
Sammelan, Prayag, Allahabad is invalid.
The decision to declare the degree invalid
with effect from 25.8.2008 whereas the petitioner was
appointed in 2006.
In view of the above, the Court does not
find any justification to approve the action of the
respondent holding the degree obtained from Hindi
Sahitaya Sammelan, Prayag, Allahabad before 2006
as invalid. The same cannot be read with
retrospective effect and invalidate the appointment of
the petitioner made prior to 25.8.2008.
Patna High Court CWJC No.14048 of 2023 dt.17-09-2025
Accordingly, the writ petition is allowed.
The respondents are directed to ensure payment to
the petitioner with immediate effect.
With the aforesaid, the writ petition stands
disposed of.'
7. On perusal of the order dated 11.07.2019 passed in
CWJC No. 16939 of 2018, relied on by the learned senior counsel
for the petitioners, it is noticed that the petitioner of that writ
petition had filed the aforesaid writ petition against non-payment
of salary despite the petitioner continuing as a teacher. Contention
was raised by the petitioners in that writ petition that the
petitioners were appointed in the year 2006 but the respondent
authorities are not making payment on the pretext that the degree
obtained from the Hindi Sahitya Sammelan, Prayag, Allahabad
was invalid.
8. In the light of the contentions raised as above, this
Court appears to have held that it was unjustified to deny salary to
the petitioner on the basis of the decision to declare the degree of
Parthama, Madhyama (Visharad) obtained from Hindi Sahitya
Sammelan, Prayag, Allahabad invalid with effect from 25.08.2008,
inasmuch as the petitioner was appointed in the year 2006 which is
prior to 25.08.2008. Accordingly, the writ petition was allowed
and the respondents were directed to ensure payment to the
Patna High Court CWJC No.14048 of 2023 dt.17-09-2025
petitioners with immediate effect. The contents of the decision
taken to invalidate the degree obtained from the Hindi Sahitya
Sammelan, Prayag, Allahabad with effect from 25.08.2008,
however, has not been highlighted in the order of the Court.
9. From the letter dated 11.02.2012, written by the
Director, Primary Education, Government of Bihar to all the
District Education Officers / District Education Superintendents
which has been relied upon by the learned senior counsel for the
petitioners, it is noticed that in the said letter it has been
highlighted that the Human Resource Development Department,
Government of Bihar vide letter No. 3152 dated 25.08.2008 has
declared the degree of Parthama, Madhyama (Visharad) awarded
by the Sahitya Sammelan, Prayag, Allahabad as invalid for
Teacher's recruitment.
10. Having declared the Parthama, Madhyama
(Visharad) awarded by the Hindi Sahitya Sammelan, Prayag,
Allahabad as invalid vide letter dated 25.08.2008, it has, however,
also been provided in the said letter that the teachers employed on
the above degree in the year 2006 will continue to hold their post.
11. On a closer scrutiny of the order dated 11.07.2019
passed in CWJC No. 16939 of 2018 as well as the letter dated
11.02.2012 issued by the Director, Primary Education,
Patna High Court CWJC No.14048 of 2023 dt.17-09-2025
Government of Bihar to all the District Education Officers /
District Education Superintendents, it appears that the order dated
11.07.2019 passed in CWJC No. 16939 of 2018 pertains to non-
payment of salary to the petitioners therein on the ground of
degree of Parthama, Madhyama (Visharad) obtained from Hindi
Sahitya Sammelan, Prayag, Allahabad by the petitioner was not
recognized equivalent to intermediate and the Court while
adjudicating the issue arised for determination therein, did not take
note of the judgment rendered by the Division Bench of this Court
in LPA No. 28 of 2010. It also appears that while issuing the letter
dated 11.02.2012 by the Director, Primary Education to all the
District Education Officers / District Education Superintendents
providing therein that the teachers employed in the year 2006 on
the strength of Parthama, Madhyama (Visharad) awarded by the
Hindi Sahitya Sammelan, Prayag, Allahabad will continue to hold
their post have also failed to take note of the decision rendered by
this Court in LPA No. 28 of 2010. In paragraph No. 18 of the order
dated 28.04.2010 passed in LPA No. 28 of 2010, it has been held
as follows:
'18. In view of the aforesaid clear order of
the subsequent Division Bench in the case of
Surendra Prasad (supra) holding that the
examination conducted by Hindi Sahitya Sammelan,
Patna High Court CWJC No.14048 of 2023 dt.17-09-2025
Allahabad was never recognized much less treated to
be equivalent by the State of Bihar, we can say with
sense of certainty that qualification of Madhyama
(Visharad) from the Hindi Sahitya Sammelan,
Allahabad was never recognized to be equivalent to
the qualification of Intermediate by the State of Bihar
and if on that basis alone, the respondent writ
petitioners had obtained their appointment, the same
will have to be held as void ab initio, inasmuch as, it
is well settled if the candidate did not possess the
requisite qualification, such appointments would
liable to be set aside. To that extent, reliance placed
by the learned counsel for the State on the judgment
of the Apex Court in the case of Dr. Ganga Prasad
Verma (supra) as also Bir Singh (supra) seems to be
apt and appropriate.'
12. On perusal of what has been held in paragraph No.
18 of the order dated 28.04.2010 passed in LPA No. 28 of 2010,
there remains no manner of doubt that Madhyama (Visharad)
awarded by the Hindi Sahitya Sammelan, Prayag, Allahabad has
been categorically held not recognized to be equivalent to the
qualification of intermediate by the State of Bihar. Having held as
such, it has been further held that if on the basis of the aforesaid
degree any appointments have been made that appointment will
have to be held as void ab-initio, inasmuch as it is well settled that
Patna High Court CWJC No.14048 of 2023 dt.17-09-2025
if the candidate did not possess the requisite qualification at the
time of initial appointment, such appointments would be void ab-
initio.
13. Learned counsel for the parties at the bar have not
disputed that the decision rendered in LPA No. 28 of 2010 has
attained finality and is the law in force as on today to the extent
that the degree of Madhyama (Visharad) awarded by the Hindi
Sahitya Sammelan, Prayag, Allahabad is not recognized as
equivalent to intermediate in the State of Bihar for teachers
appointment.
14. In view of the categorical decision rendered by the
Division Bench of this Court in LPA No. 28 of 2010, holding that
the degree of Madhyama (Visharad) awarded by the Hindi Sahitya
Sammelan, Prayag, Allahabad has not been recognized as
equivalent to the educational qualification of intermediate by the
State of Bihar for the purpose of appointment as Panchayat
Teacher, the decision rendered by the learned Single Judge of this
Court in CWJC No. 16939 of 2018 as well as the letter dated
11.02.2012 written by the Director, Primary Education,
Government of Bihar to all the District Education Officers /
District Education Superintendents cannot be made applicable to
validate the petitioners' appointment as Panchayat Teacher for the
Patna High Court CWJC No.14048 of 2023 dt.17-09-2025
simple reason that in doing so it would be completely contrary to
what has been held by the Division Bench of this Court in LPA
No. 28 of 2010.
15. In view of the above, I am of the view that the
decision rendered by the State Appellate Authority in O.A. No.
170 of 2023 vide order dated 16.06.2023 dismissing the appeal
filed by the petitioners by placing reliance on the decision
rendered by the Division Bench of this Court in LPA No. 28 of
2010 is fully justified, requiring no interference.
16. The writ petition stands dismissed, being devoid of
merit.
(Nani Tagia, J)
Siddharth
Sagar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.09.2025
Transmission Date NA
