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Patna High Court
Tarique Nadeem Khushter vs The Union Of India on 10 February, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2190 of 2026
======================================================
1. Tarique Nadeem Khushter Son of Md. Waiz Ahmad, Resident of Village-
Alinagar, P.S- Saharsa, District- Saharsa, Bihar, Presently posted as
Exclusive Teacher in New Primary School Gulam Rasul Tola, District-
Saharsa, Bihar.
2. Sarfaraz Alam, Son of Md. Mahboob Alam, Resident of Village- Rajanpur,
P.S- Mahishi, District- Saharsa, Bihar, Presently posted as Exclusive Teacher
in Primary Maktab Islamia Ghordaur Banma Ithari, District- Saharsa, Bihar.
3. Md. Saba Karim, Son of Md. Sifay Tullah, Resident of Village- Chakamaka,
P.S- Bakhtiyarpur, District- Saharsa, Bihar, Presently posted as School
Teacher in Primary School Maktab Ghordaur Banma Itahari, District-
Saharsa, Bihar.
4. Md. Sibghatullah, Son of Md. Ayub, Resident of Village- Piparpanti, P.S-
Mahishi, District- Saharsa, Bihar, Presently posted as Exclusive Teacher in
Primary School Baghwa, District- Saharsa, Bihar.
5. Md. Ismatullah, Son of Md. Ilias, Resident of Village- Bhelahi, P.S-
Mahishi, District- Saharsa, Bihar, Presently posted as Exclusive Teacher in
Middle School Baliya Simar, District- Saharsa, Bihar.
6. Manish Kumar Khan, Son of Shyam Sundar Khan, Resident of Village-
Bangaon, P.S- Bangaon, District- Saharsa, Bihar, Presently posted as
Exclusive Teacher in Ugratara Middle School Mahishi, District- Saharsa,
Bihar.
7. Mir Phiroj Alam, Son of Mir Rahman, Resident of Village- Rajanpur, PS-
Mahishi, District- Saharsa, Bihar, Presently posted as Exclusive Teacher in
Middle School Rajanpur, District- Saharsa, Bihar.
8. Priti Kumari, Daughter of Surya Narayan Yadav, Resident of Village-
Kayasthtola, P.S- Saharsa, District- Saharsa, Bihar, Presently posted as
Exclusive Teacher in New Primary School Mandir Tola Chharapatti
Maheshpur, District- Saharsa, Bihar.
9. Md. Mumtaj Alam, Son of Md. Shami Ahamad, Resident of Village-
Rupnagar, P.S- Saharsa, District- Saharsa, Bihar, Presently posted as
Exclusive Teacher in Urdu Primary School Sulindabad, District- Saharsa,
Bihar.
10. Satyabhama Kumari, Daughter of Satyanarayan Choudhary, Resident of
Village- Auria Ramauti (Diwra), P.S- Nawhatta, District- Saharsa, Bihar,
Presently posted as Head Teacher in Primary School Patori (Boys), District-
Saharsa, Bihar.
... ... Petitioner/s
Versus
1. The Union of India through Secretary Department of School Education and
Literacy Ministry of Human Resource Development, Government of India.
2. The State of Bihar, through its Principal Secretary, Department of Human
Resource Development Bihar, Patna.
3. The Director Primary Education, Department of Human Resource
Patna High Court CWJC No.2190 of 2026 dt.10-02-2026
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Development, Bihar, Patna.
4. The Secretary, Department of Finance State of Bihar, Patna.
5. The Additional Chief Secretary, Bihar, Patna.
6. The District Programme Officer (Establishment), Saharsa.
7. The District Education Officer, Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar, Adv.
For the Respondent/s : Mr. Amarendra Kumar, CGC
For the State : Mr. Prem Ranjan Raj, AC to SC-7
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 10-02-2026
Heard the parties.
2. The petitioners having been duly appointed as
Panchayat Teachers/Primary Teachers working in different
schools of different districts, are aggrieved by the inaction of the
respondents, who are not extending trained teacher's pay scale
to them from the date of passing of their B.Ed or from the date
of their appointment as primary teachers, whichever is later,
instead of extending the trained teacher's pay scale, after the
date of passing six month bridge course.
3. In the aforesaid background, the petitioners have
approached this Court by filing the present writ petition(s) for
the following reliefs:-
"(i) To issue writ of mandamus
directing the respondents to shifting back
the date of Trained Teacher's pay scale to
the petitioners, from the date of passing
Patna High Court CWJC No.2190 of 2026 dt.10-02-2026
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B.Ed or from the date of appointment as
Primary Teacher whichever is later in
stead of since the date of passing 6 month
bridge course (11.06.2019).
(ii) To issue writ of mandamus
for payment of arrear of difference of
salary with statutory interest for delay
payment and all other consequential
benefits, calculating Service of
Petitioners as trained in light of passing
B.Ed in passing 6 month bridge place of
since date of course (11.06.2019).
(iii) To issue writ of mandamus
directing the respondents to grant same
and similar relief as provided in case of
one similarly appointed Primary Teacher
for class 1-5, Mr. Satyendra Kumar Ojha,
vide Memo no. 1790, dated 16.10.2024,
(Annexure-P/1) in light order passed in
CWJC no.9416/2019, relied upon LPA
no.1699 of 2013, affirmed by Hon'ble
Apex Court vide S.L.P.(Civil) Diary
no.37663/2018.
(iv) To issue any other writ(s)
as this Hon'ble Court may deem fit and
proper in the facts and circumstances of
the case."
4. Learned Advocate for the petitioners submitted that
the issue with regard to extending the trained teacher's pay scale
from the date of passing of B.Ed has already been given quietus
by the learned Division Bench of this Court in LPA No. 1699 of
2013, the relevant extract of the aforenoted decisions is
encapsulated hereinbelow:-
"12 We have considered the
matter and the facts, as noted above. Firstly,
when the Government took a decision to
Patna High Court CWJC No.2190 of 2026 dt.10-02-2026
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give training to untrained teachers, which
had certain benefits attached to it, then the
Government ought to have done it
expeditiously and non- arbitrarily. Then why
most of the people, except people from
Muzaffarpur district, were sent for a one
year full time course and then were granted
Matric trained scale but Teachers from
Muzaffarpur district were not so sent. They
had not done anything to disentitle
themselves. Similarly, once they completed
the two years module with IGNOU, they
ought to have been granted Matric trained
scale immediately but again matters were
delayed. Then, at the instance of NCTE, they
were then required to do further six months
course. This was delayed for almost three
years by the State. In our view, the
petitioners/appellants cannot be made to
suffer for the fault of the State. We are only
reminded what Chief Justice Chagla said
more than half a century back in the case of
All India Groundnut Syndicate Limited
-Versus- Commissioner of Income Tax,
Bombay City, AIR 1954 Bombay 232 :
"But the most
surprising contention is put
forward by the Department that
because their own officer failed to
discharge his statutory duty, the
assessee is deprived of his right
which the law has given to him
under sub-section (2) of S 24. In
other words, the Department
wants to benefit from and wants to
take advantage of its own default.
It is an elementary principle of law
that no person - we take it that the
Income-tax Department is
included in that definition - can
put forward his own default in
defence to a right asserted by the
other party. A person cannot say
that the party claiming the right is
Patna High Court CWJC No.2190 of 2026 dt.10-02-2026
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deprived of that right because "I
have committed a default and the
right is lost because of that
default."
13 In order to save injustice and
protect the rights of the
petitioners/appellants, we would, thus, hold
that the judgment of the learned Single
Judge would continue to operate. The
petitioners/appellants would be entitled to
Matric trained scale from the day they
completed the two years module. In other
words, they would be deemed to be Matric
trained teachers from the time the results
were declared in respect of the two years
course of IGNOU subject to their clearing
six months course as later prescribed. They
would not be treated as Matric trained
either for the purposes of seniority or for
financial benefits from the date they finally
completed the six months course in the year,
2014 because all that delay was caused by
the State in which petitioners/appellants
have no role to play.
14 Thus, this appeal is,
accordingly, allowed and the judgment of
the learned Single Judge, to the extent
above, is explained and modified."
5. In the light of the aforenoted decisions rendered by
the learned Division Bench, one Satyendra Kumar Ojha has also
approached this Court by filing CWJC No. 9416 of 2019, which
came to be disposed off on 04.03.2024 with a direction to the
Director, Primary Education, Department of Human Resource
Development, Bihar, Patna to pass a reasoned and speaking
order, keeping in mind the judgment passed in LPA No. 1699 of
Patna High Court CWJC No.2190 of 2026 dt.10-02-2026
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2013. It is specifically contended that said Satyendra Kumar
Ojha has been allowed the benefit of trained pay scale from the
date of passing the teachers training examination, as has been
prayed for in the present writ petition(s). The batch of the writ
petitioners unequivocally submitted that their cases are fully
covered with the decisions rendered by the learned Division
Bench as well as the learned Single Judge in the case of
Satyendra Kumar Ojha.
6. Identical issue has also come up for consideration
before this Court in CWJC No. 11300 of 2025, wherein the
claim of the identically situated persons have been denied, only
on account of they being the teachers of different districts. This
Court has set-aside the impugned order, whereby the claim of
the identically situated persons have been denied on account of
the aforesaid reason and directed the Director, Primary
Education, Government of Bihar to consider the claim of the
petitioners for trained pay scale with effect from the date of their
appointment in light of the decision rendered by the learned
Division Bench in LPA No. 1699 of 2013 and keeping in mind
the Bihar State Litigation Policy, 2011; especially Rule 4.C (1)
thereof.
7. Learned Advocate for the State submits that since
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the petitioners have already filed a detailed representation,
which are pending before the competent authority, who shall
look into the matter and take appropriate decision.
8. Having considered the aforenoted submissions led
by learned Advocate for the respective parties instead of
keeping the matter pending, this Court deems it fit and proper to
dispose off the writ petition with a direction to the Director,
Primary Education, Government of Bihar, Patna to consider the
representation(s) of the petitioners, preferably within a period of
twelve weeks, from the date of receipt/production of a copy of
this order. This Court also directs that the petitioners shall also
submit fresh representation along with the order of this Court,
within a period of four weeks.
9. On receipt of the representation(s), the respondent
no. 3 shall take up the same and pass a reasoned and speaking
order, in the light of the above referred decisions passed by the
learned Division Bench in LPA No. 1699 of 2013 as well as
CWJC No. 9416 of 2019 and CWJC No. 11300 of 2025,
including the order contained in Memo No. 1790 dated
16.10.2024
, whereby identically situated persons has been
allowed the relief, as sought for in the writ petition.
10. The authorities shall also keep in mind the aims
Patna High Court CWJC No.2190 of 2026 dt.10-02-2026
and object of the Bihar State Litigation Policy, 2011, especially
Rule 4.C (1) thereof.
11. With the aforesaid direction, all the batch of writ
petitions stand disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.02.2026
Transmission Date NA
