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Patna High Court
Kumari Rina Mishra vs The Union Of India on 20 January, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9950 of 2025
======================================================
1. Sudhir Kumar Yadav Son of-Tej Narayan Yadav, Resident of Village-
Hardiya Kurava (Sampadahar), P.S- Baunsi, District-Banka, Bihar, Presently
Posted as Exclusive Teacher in Primary School Thewari, District- Banka,
Bihar.
2. Saurabh Kumar Son of Bijay Prasad Aryachandra Resident of Village-
Mirzapur, P.S.- Barahat, District -Banka, Bihar, Presently Posted as
Exclusive Prakhand Teacher in R.B.S. Karjhosa, District-Banka, Bihar.
3. Vikram Kumar Son of Bashishth Prasad Sah, Resident of Village-
Radhanagar. P.S.-Katoria, District-Banka, Bihar, Presently Posted as Basic
Panchayat Teacher in N.P.S. Kurumtar, District-Banka, Bihar.
4. Anita Jha Wife of Nivas Kumar, Resident of Village- Biraul, P.S.- Pandaul,
District- Madhubani, Bihar, Presently Posted as Nagar Teacher in Urdu P.S.
(Girls), Dumrama, District- Banka, Bihar.
5. Sarvesh Kumar Roy Son of Radhika Prasad Roy, Resident of Village-
Manpur, P.S.- Bikramganj, District -Banka, Bihar, Presently Posted as
Exclusive Prakhand Teacher in U.M.S. Dubrajpur- Barahat, District- Banka,
Bihar.
6. Rajib Kumar Son of Sachchidanand Jha, Resident of Village- Asha Tola,
P.S.- Bariyarpur, District -Munger, Bihar, Persently Posted as Exclusive
Prakhand Teacher in U.M.S. Haribanshpur, District- Banka, Bihar.
7. Rajiv Kumar Son of Bijli Prasad Singh, Resident of Village- Tilakpur, P.S.-
Sultanganj, District -Banka, Bihar, Persently Posted as Panchayat Teacher in
N.P.S. Manikpur, District-Banka, Bihar.
8. Pradeep Kumar Singh Son of Jay Prakash Singh Resident of Village
Baijalpur, P.S.- Asarganj. District Munger, Bihar, Persently Posted as
Panchayat Teacher in M.S. Basabitta, District-Banka, Bihar.
9. Brahmadeo Mandal Son of Sri Karam Chand Mandal Resident of Village
Bhikha, P.S.- Bounsi, District -Banka, Bihar, Persently Posted as Panchayat
Teacher in P.S.Baghamari, District- Banka, Bihar.
10. Rajesh Kumar Son of Sahdeo Singh Resident of Village- Rahmatpur. P.S.-
Asarganj. District -Munger, Bihar, Persently Posted as Panchayat Teacher in
P.S.Simariya, District-Banka, Bihar.
11. Shobha Kumari Daughter of Mahendra jha, Resident of Village Jhapaniya,
P.S.- Bounsi, District -Banka, Bihar, Persently Posted as Exclusive Prakhand
Teacher in U.M.S. Pandatola, District- Banka, Bihar.
12. Sandhya Kumari Daughter of Beda Nand Singh Resident of Village-
Kamalnagar Colony, P.S.- Mojahidpur, District -Bhagalpur, Bihar, Persently
Posted as Exclusive Prakhand Teacher in M.S.Rata, District- Banka, Bihar.
13. Santosh Kumar Son of Bijendra Prasad Ghosh Resident of Village-
Panjwara, P.S.- Panjwara, District -Banka, Bihar, Persently Posted as
Exclusive Panchayat Teacher in N.P.S.Jhakhiyagora, District- Banka, Bihar.
14. Pankaj Kumar Son of Late Mahendra Prasad Yadav, Resident of Village-
Laskari, P.S.- Banka District -Banka, Bihar, Persently Posted as Nagar
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
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Teacher in P.S. Pathara, District-Banka, Bihar.
15. Santosh Kumar Son of Shatrughna Prasad Das, Resident of Village- Auriya,
P.S.- Barahat, District -Banka, Bihar, Persently Posted as Prakhand Teacher
in U.M.S Maharana(Urdu), District- Banka, Bihar.
16. Renu Daughter of D.N. Yadav, Resident of Village-Banka, P.S.- Banka,
District -Banka, Bihar, Persently Posted as Prakhand Teacher in
U.M.S.Likhni Kojhi, District- Banka, Bihar.
17. Laxmi Kumari Daughter of Hari Kishun Bhagat Resident of Village- Jaipur,
P.S.- Katoria, District -Banka, Bihar, Persently Posted as Prakhand Teacher
in K.M.S. Bounsi, District- Banka, Bihar.
18. Barsha Rani Gupta Daughter of Ram Kumar Gupta Resident of Village-
Jaipur, P.S.-Katoriya, District -Banka, Bihar, Presently Posted as Prakhand
Teacher U.M.S. Barmasiya, District- Banka, Bihar.
19. Renu Kumari Daughter of Bhuwneshwar Prasad Singh, Resident of Village-
Masahakchak, P.S.- Adampur, District -Bhagalpur, Bihar, Persently Posted
as Prakhand Teacher in U.M.S. Kalyanpur, District- Banka, Bihar.
20. Rashmi Kumari Daughter of Kamlesh Chandra Ojha, Resident of Village-
Nawadih, P.S.-Bounsi, District -Banka, Bihar, Persently Posted as Panchayat
Teacher in N.P.S.Nawadih, District-Banka, Bihar.
21. Kumar Satyam Son of Tarni Yadav, Resident of Village- Shankarpur, P.S.-
Munger(Muffashil), District-Munger, Bihar, Presently Posted as School
Teacher in Uchch Madhyamik Vidyalay, Dabil, Block- Khaira, District-
Jamui, Bihar.
22. Purushottam Kumar Son of Lalmohan Pandit Resident of Village- Birgown,
P.S.- Belhat, District -Banka, Bihar, Persently Posted as Exclusive Prakhand
Teacher in M.S. Matihani, District- Banka, Bihar.
23. Aakanksha Bharati Daughter of Umesh Kumar Roy Resident of Village-
Rannuchak P.S.- Nathnagar, District -Banka, Bihar, Presently Posted as
Nagar Teacher in M.D.N.G.M.S Dumrama(boys), District- Banka, Bihar.
24. Pushpa Kumari Daughter of Om Prakash Sah Resident of Village-
Tonapathar. P.S. Suiya, District -Banka, Bihar, Persently Posted as Exclusive
Prakhand Teacher in U.M.S. Kadhar, District- Banka, 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
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), Banka
7. The District Education Officer, Banka.
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
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... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9674 of 2025
======================================================
Kumari Rina Mishra Wife of Sunil Kumar Jha, Resident of Village/Muhalla-
Ward No. 23, Goswami Lakshminath Nagar Batraha, P.S.-Saharsa (Sadar),
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
Development, Bihar, Patna.
4. The Secretary, Department of Finance, State of Bihar, Patna.
5. The Additional Chief Secretary, Department of Finance, State of Bihar,
Patna
6. The District Programme Officer (Establishment), Saharsa.
7. District Education Officer, Saharsa.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9701 of 2025
======================================================
1. Prabin Kumar Singh, Son of Ratneshwar prasad Singh, Resident of village
and P.O.-Jogiara PS.-Jalley, District Darbhanga, Bihar, Presently posted as
Pakhand Teacher in UMS Bihari Mukund Hanumannagar, District-
Darbhanga, Bihar
2. Rajesh Kumar Jha Son of Brahma Nand Jha, resident of village-Nabharpatti,
PO N.N. Patti, P.S-Alinagar, District Darbhanga, Bihar, Presently posted as
prakhand Teacher in B.S. Milki Alinagar, District-Darbhanga, Bihar.
3. Niraj Kumar Sinha, Son of Shiv Nath Prasad, resident of village and P.O.-
Barheta, P.S.-Kalyanpur, District-Samastipur, Bihar, Presently posted as plus
2,panchayat Teacher in. P.S. Dharni Patti, Bahadurpur District-Darbhanga,
Bihar.
4. Anand Krishna, Son of Shreenath prasad, resident of village-pohaddi bela,
P.O.-Pohaddi bela, P.S. Ghanshyampur, District Darbhanga, Bihar, Presently
posted as Panchayat Teacher in Primary School Mushari tol pohaddi bela,
Ghanshyampur, District-Darbhanga, Bihar
5. Sharda Charan Roy, Son of Surendra Roy, resident of village- Behta P.O.-
Kanhauli, P.S.-Manigachhi, District-Darbhanga, Bihar, Presently posted as
Panchayat Teacher in N.P.S. Badhaitol Behta, Block-Manigachhi, District-
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
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Darbhanga, Bihar
6. Raman Kumar mandal, Son of Shyam Sundar Mandal, resident of village-
Hardwar, PO-Pali, P.S. Ghanshyampur, District Durhlungs, Bd, Presently
posted as Panchayat Teacher in Primary School Bisaila Ganaun,
Ghanshyampur, District-Darbhanga, Bihar
7. Soni Kumari Daughter of Bir Chandra Prasad, resident of village
Bhatiyarisarai, PO Lalbagh PS-Laheriyasarai, District Darbhanga, Bihar,
Presently posted as Prakhand Teacher in U.M.S. Bharathi, singhwara,
District-Darbhanga, Bihar
8. Shambhoo Nath Prasad, son of Late Jagdish Sah, resident of village-
Gangiya, P.O-Sonki, P.S.-Sonki, District-Darbhanga, Bihar, Presently posted
as Panchayat Teacher in P.S. Gotahi Bahadurpur, District-Darbhanga, Bihar
9. Kripa Nath Jha, Son of Nitya Nath Jha, resident of village-Mahrail, P.O.-
mahrail, PS-Rudrapur, District Madhubani, Bihar, Presently posted as
Pakhand Teacher in Middle School Bhattipur, Manigachhi, District-
Darbhanga, Bihar
10. Raman Kumar, Son of Ram Bahadur Mahto, resident of village and P.O.
Bela, P.S. Lakhnaur, District Madhubani, Bihar, Presently posted as Pakhand
Teacher in U.M.S.Ujus, District-Darbhanga, Bihar
11. Md Irshad Alam, sou of Abdul Mannan, resident of village Umri, POUmi,
PS Lakhnaur, District Madhubani, Bihar, Presently posted as Prakhand
Teacher in M.S. Kunauni Urdu Goura Bouram District-Darbhanga, Bihar
12. Minakshi kumari, Daughter of Shashi Nath Mishra, resident of village
Darbhanga ward-11,PO Lalbagh, P.S. Town Thana, District Darbhanga,
Bihar, Presently posted as Prakhand Teacher in M.S. Bihari Jalley, District-
Darbhanga, Bihar
13. Shikha kumari, Daughter of Sri Sada Nand Mishra, resident of village-
Chakraje P.O.-Manigachhi, P.S.-Manigachhi, District-Darbhanga, Bihar,
Presently posted as Panchayat Teacher in P S Raje Leela Babu tol, District-
Darbhanga, Bihar
14. Sanjay Kumar, Son of Indrasan Prasad Dayalu, resident of village-
Andharban PO Basudevpur, P.S.-Laukaha, District Madhubani, Bihar,-
Presently posted as Pakhand Teacher in UMS Kadamtoli, keoti District-
Darbhanga, Bihar
15. Hasan Abdullah, son of Abdul Allam Arif Salfi, resident of village-
Imambari, P.O.-Laberiyasarai, P.S.-Laheriasarai, District- Darbhanga Bihar,
Presently posted as Prakhand Teacher in U. M.S. Rasoolpur Unda, District-
Darbhanga, Bihar
16. Parmod Kumar, Son of Ram Bilash Roy, resident of village-Misrauliya,
P.O.-Misrauliya, P.S.-Babubarhi, Distric-Madhubani, Bihar, Presently posted
as Pakhand Teacher in BS Doghra Jalley, District-Darbhanga, Bihar
17. Avdhesh Poddar, son of Shivji Poddar, resident of village-Jagdishpur, P.O.-
Nehra, PS-Nehra, District-Darbhanga, Bihar, Presently posted as Panchayat
Teacher in P.S.Navanagar south, Alinagar, District-Darbhanga, Bihar
... ... Petitioner/s
Versus
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
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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
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), Darbhanga.
7. The District Education Officer, Darbhanga
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9759 of 2025
======================================================
1. Nityanand Singh Son of Rajendra Prasad Singh, Resident of Village-
Korigavan, P.O- Kochas, P.S- Kochas, District- Rohtas, Bihar, Presently
posted as Primary Teacher/Panchayat Teacher in Primary School Bharhuan,
District- Rohtas, Bihar.
2. Santosh Kumar Singh Son of Bikrama Singh, Resident of Village/Mohalla-
Ward No. 11, Kochas, P.S- Kochas, District- Rohtas, Bihar, Panchayat
Teacher in Primary School Korigawa, Presently posted as 11-12 (History)
teacher in utkramit madhyamik vidyalaya khalsapur dinara, District- Rohtas,
Bihar.
3. Babita Kumari Wife of Dharmendra Kumar, Resident of Village- Gangauli,
P.S- Dalmiyanagar, District- Rohtas, Bihar, posted as Primary
Teacher/Panchayat Teacher in Primary School Ugra, District- Rohtas, Bihar.
Presently posted as School teacher in Rajkiya Krit adarsh high school kaithi
block- Obra, district- Aurangabad, Bihar.
4. Dhirendra Kumar Son of Shiv Nath Singh, Resident of village/Muhalla-
New Sidhauli, Narayan Tola Dalmiyanagar, Dehri On Sone, P.S.-
Dalmiyanagar, District- Rohtas, Bihar, Presently posted as Prakhand Teacher
in Middle School Muriyar, District-Rohtas, Bihar.
5. Susheel Kumar Singh Son of Ramautar Singh, Resident of village-
Khanethi, P.S- Sonahan, District-Kaimur, Bihar, Presently posted as
Prakhand Teacher in Middle School Piparadih, District-Rohtas, Bihar
6. Kumar Hirendra Son of Ram Naresh Singh, Resident of village- Babuganj
(south of union office) Post and P.S.- Tilauthu, District- Rohtas, Bihar,
Presently posted as Primary Teacher/ Panchayat Teacher in Primary School
Pathra, District-Rohtas, Bihar.
7. Vijay Kumar Singh Son of Ram Nath Singh, Resident of village-
Bishunpura, P.S.- Nokha, District- Rohtas, Bihar, Presently posted as
Primary Teacher/Panchayat Teacher in Primary School Rampur, District-
Rohtas, Bihar.
8. Manjay Lal Son of Lakshaman Singh, Resident of village/Muhalla-
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
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Motidevi ITI, Mohania Road, Kochas, P.S. Kochas, District- Rohtas, Bihar,
Primary Teacher/ Panchayat Teacher in Primary School Korigava, District-
Rohtas, presently posted as 11-12(History) teacher in UHS. Mahuawa,
Parihar, Sitamarhi, Bihar.
9. Archana Singh Wife of Vatan Kumar Singh, Resident of village- Dariyapur,
Kandawa, P.S.-Chunar, District- Mirzapur, State- Uttar Pradesh, Prakhand
Teacher in Upgraded Middle School Chatra, District-Rohtas, Bihar.
Presently posted as school teacher (11-12) plus 2 Bhagwat high school
shahar telpa, Prakhand-Karpi, District-Arwal, Bihar
10. Shambhu Kumar Son of Sheo Sagar Chaudhary, Resident of village/
Muhalla- Gajradh, P.S-Sasaram, District- Rohtas, Bihar, Presently posted as
Primary Teacher/ Panchayat Teacher in Primary School Rampur, District-
Rohtas, Bihar.
11. Rakesh Kumar Pandey Son of Shyam Nath Pandey, Resident of village-
Kharoj, P.S.-Suryapura, District- Rohtas, Bihar, Presently posted as Primary
Teacher/ Panchayat Teacher in Primary School Lakshmipur, District-Rohtas,
Bihar.
12. Sunil Kumar Son of Bhim Ram, Resident of village- Dudhar, post sisrit P.S.
Nokha, District-Rohtas, Bihar, Presently posted as Prakhand Teacher in
middle School Sisirit, District-Rohtas, Bihar.
13. Lokesh Ranjan Tiwary Son of Ram Bihari Tiwary, Resident of village-
Deokhaira, P.S.-Kochas, District- Rohtas, Bihar, Presently posted as Primary
Teacher/ Panchayat Teacher in Primary School Korigava, District-Rohtas,
Bihar.
14. Ravi Shankar Singh Son of Krishna Murari Singh, Resident of village-
Damodarpur, P.S.-Karagahar. District- Rohtas, Bihar, Presently posted as
Primary Teacher/Panchayat Teacher in Primary School Parawaliya, District-
Rohtas, Bihar.
15. Indu Singh Wife of Om Prakash, Resident of village- Semari Deo, P.S.-
Karagahar, District-Rohtas, Bihar, Presently posted as Nagar Teacher in
Primary School Parayagbigha, District-Rohtas, Bihar.
16. Ashiwani Kumar Tiwary Son of Ravi Narayan Tiwary, Resident of village-
Srisiyan, P.S.-Karagahar, District- Rohtas, Bihar, Primary Teacher/
Panchayat Teacher in K.P. School Dibhiyan, presently posted- U. M. V.
Saron Dinara, Rohtas plus 2 (history), District-Rohtas, Bihar.
17. Jitendra Kumar Singh Son of Rajgrihi Singh, Resident of village- Deokhaira,
P.S. Kochas, District- Rohtas, Bihar, Presently posted as Primary
Teacher/Panchayat Teacher in Primary School Samahuta(w), District-
Rohtas, Bihar.
18. Sanjay Kumar Dwivedi Son of Ramanuj Dwivedi, Resident of village-
Kochas, P.S.- Kochas, District- Rohtas, Bihar, Presently posted as Prakhand
Teacher in Utkramit Middle School Laheri, District-Rohtas, Bihar.
19. Kamalesh Kumar Singh Son of Triloki Nath Singh, Resident of village-
Bhundi Tekari, P.S.-Mohania, District- Kaimur, Bihar, Presently posted as
Prakhand Teacher in Middle School Lodhi, District-Rohtas, Bihar.
20. Shivmangal Singh Son of Jagmohan Singh, Resident of village- Karmaini,
P.S.- Kargahar District- Rohtas, Bihar, Presently posted as Prakhand Teacher
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
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in Utkramit Middle School Anhari, District-Rohtas, Bihar.
21. Rakesh Kumar Son of Daya Shankar Singh, Resident of village- Satsa, P.S.-
Kochas, District-Rohtas, Bihar, Presently posted as Primary Teacher/
Panchayat Teacher in Primary School Indaur, District-Rohtas, Bihar.
22. Ajit Kumar Chourasia Son of Ranglal Chourasia, Resident of village- Jabra,
P.S.- Nokha, District- Rohtas, Bihar, Presently posted as Prakhand Teacher
in Upgraded Middle School Pithvaiya, District-Rohtas, Bihar.
23. Shashi Kumar Maurya Son of Ganesh Maurya, Resident of village- Minv,
P.S.- Bhabua, District-Kaimur, Bihar, Presently posted as Prakhand Teacher
in Middle School Karmaini Purhara, District-Rohtas, Bihar.
24. Vijay Kumar Gupta Son of Ram Ekbal Gupta, Resident of village-
Samardihan Pipara, P.S.-Karagahar, District- Rohtas, Bihar, Presently posted
as Primary Teacher/ Panchayat Teacher in Primary School Singawa, District-
Rohtas, Bihar.
25. Ajit Kumar Singh Son of Ram Chandra Singh, Resident of village-kirhindi
post- Kirhindi, P.S.-Shivsagar, District- Rohtas, Bihar, Presently posted as
Primary Teacher/ Panchayat Teacher in New Primary School jigna,block-
shivsager District-Rohtas, Bihar.
26. Ramesh Kumar Kharwar Son of Shailendra Kumar Kharwar, Resident of
village/ Muhalla- ward no.13, Mahadevpur, Manikpur, P.S.- Rajpur, District-
Buxar, Bihar, Presently posted as Primary Teacher/ Panchayat Teacher in
UMS Masona, District-Rohtas, Bihar.
27. Bagish Kumar Son of Bijay Kumar Chaubey, Resident of village-
Raghunathpur, P.S.-Chenari. District Rohtas, Bihar, Presently posted as
Primary Teacher/ Panchayat Teacher in Primary School Bartali Khurd,
District-Rohtas, Bihar.
28. Prabhash Kumar Gupta Son of Raj Mohan Prasad, Resident of
village/Muhalla- Sherganj. P.S.- Sasaram, District- Rohtas, Bihar, Presently
posted as Primary Teacher/ Panchayat Teacher in Primary School
Jagadatpur, District-Rohtas, Bihar.
29. Dhirendra Kumar Son of Lalan Prasad, Resident of village- Konar, P.S.-
Shivsagar, District-Rohtas, Bihar, Presently posted as Primary Teacher/
Panchayat Teacher in Primary School Delhua, District-Rohtas, Bihar.
30. Dr. Harendra Singh Son of Sri Ram Ganesh Singh, Resident of village-
Ararua P.S.- Kargahar, District- Rohtas, Bihar, Presently posted as Primary
Teacher/Panchayat Teacher in Primary School kumhila District-Rohtas,
Bihar.
31. Kavita Kumari Wife of Dinesh Prasad Ravidas, Resident of village-
Pachasawa, P.S.-Sasaram, District- Rohtas, Bihar, Primary Teacher/
Panchayat Teacher in Primary School Amri, District-Rohtas, Presently
Posted School as Upgraded high school Tahal Amba District Aurangabad
Bihar.
32. Madan Kumar Ram Son of Ram Nagina Ram, Resident of village- Turki,
P.S.- Chenari District- Rohtas, Bihar, Presently posted as Panchayat Teacher
in Primary School Nandusiyara, District-Rohtas, Bihar.
33. Gulab Chand Singh Son of Muralidhar Singh, Resident of village- Parasiyan
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
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Thakurai, P.S-Nasriganj, District-Rohtas, Presently posted at Smt. Janki
Devi, Project Girls plus 2 H.S., Madhopur, Majhaulia, West Champaran,
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
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), Rohtas.
7. The District Education Officer, Rohtas.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 9950 of 2025)
For the Petitioner/s : Mr. Saroj Kumar, Adv.
Mr. Amit Kumar, Adv.
For the Respondent/s : Ms. Sarita Bajaj, CGC
Mr. Vikramadit, AC to SC-22
(In Civil Writ Jurisdiction Case No. 9674 of 2025)
For the Petitioner/s : Mr. Saroj Kumar, Adv.
Mr. Amit Kumar, Adv.
For the Respondent/s : Mr. Alok Ranjan, AC to AAG-5
Ms. Sarita Bajaj, CGC
(In Civil Writ Jurisdiction Case No. 9701 of 2025)
For the Petitioner/s : Mr. Saroj Kumar, Adv.
Mr. Amit Kumar, Adv.
For the Respondent/s : Mr. K P Gupta, GP-10
Mr. Anwar Karim, AC to GP-10
(In Civil Writ Jurisdiction Case No. 9759 of 2025)
For the Petitioner/s : Mr. Saroj Kumar, Adv.
Mr. Amit Kumar, Adv.
For the Respondent/s : Mr. Anwar Karim, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 20-01-2026
Heard the parties.
2. The petitioners having been duly appointed as
Panchayat Teachers/Primary Teachers working in different
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
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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
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
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
10/14
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
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
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
11/14
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
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
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
12/14
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
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
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
13/14
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
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,
Patna High Court CWJC No.9950 of 2025 dt.20-01-2026
14/14
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
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 22.01.2026
Transmission Date NA
