[Cites 3, Cited by 0]
Patna High Court
Shyam Nandan Singh vs The State Of Bihar on 19 January, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13484 of 2025
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1. Shyam Nandan Singh son of Sri Girija Nandan Singh resident of village-
Kakarachak, P.O.- Karanpur, P.S. Bochahan, District - Muzaffarpur,
presently working as Headmaster, Nationalized Upgraded Middle School,
Sarwani Cham, Anchal- Bochahan,District- Muzaffarpur
2. Pawan Kumar son of Sri Baidyanath Ray, resident of village and P.O.
Bishanpur, P.S. Katra, District- Muzaffarpur presently working as
Headmaster, Middle School, Bairiya, Anchal- Kanti, District -Muzaffarpur.
3. Sanjay Kumar son of Sri Ramyatan Mandal, resident of Mohalla- Bhaju Sah
Lane, Aghoriya Bazar, P.O. Ramna, P.S. Kazi Mohammadpur, District -
Muzaffarpur, presently working as Headmaster, Upgraded Middle School,
Mohanpur, Anchal- Bochahan, District - Muzaffarpur.
4. Virendra Prasad son of Sri Rajmanfal Prasad, resident of village- Kohiyan,
P.S. Kanti District Muzaffarpur, presently working as Headmaster
Nationalized Upgraded Middle School, Pakari, Anchal- Kanti, District -
Muzaffarpur.
5. Subhash Kumar Rai son of Late Basudeo Rai, resident of village and P.O.
Srisiya, P.S. Kanti, District Muzaffarpur presently working as Headmaster ,
Upgraded Middle School, Gosain Tola, Anchal - Kanti, District
-Muzaffarpur.
6. Ram Sewak Sahani son of Late Raghav Sharan Sahani, resident of
Brahmpura, Laxmi Chowk, P.O. M.I.T., P.S.-Brahmpura, District-
Muzaffarpur presently working as Headmaster, Upgraded Middle School,
Mathiya, Morsandi. Anchal -Motipur, District - Muzaffarpur.
7. Manoj Kumar son of Binda Sah, Resident of Brahmpura, Laxmi Chowk,
P.O.- M.L.T., P.S. Brahmpura, District - Muzaffarpur, presently working as
Assistant Teacher, Nationalized Up-graded Middle School, Pakari, Anchal-
Kanti, District - Muzaffarpur.
8. Vijay Kumar Thakur son of Ramswarth Thakur, resident of village-
Loharkha, P.O. Hatha P.S. Piyar, District Muzaffarpur, presently working as
Headmaster, Upgraded Middle School, Gagraha Anchal- Bandra, District -
Muzaffarpur.
9. Naresh Ray son of Yadu Rai, resident of village- Hatha, P.O. Hatha, P.S.
Piyar, District Muzaffarpur, presently working as Assistant Teacher
Upgraded Middle School, Kolhuara, Anchal- Bandra, District -Muzaffarpur.
10. Umesh Kumar son of Chandeshwar Prasad, resident of village- Rampur
Dayal, P.S. Piyar, District Muzaffarpur presently working as Headmaster,
Upgraded Middle School, Machhahan, Anchal-Bandra, District -
Muzaffarpur.
11. Md. Halim Ali son of Md. Sadik Mian, resident of village- Piar, Tola-
Bahadurgadh, P.O. Piyar, P.S. Piyar, District - Muzaffarpur, presently
working as Headmaster Urud Upgraded Middle School, Rampur Mahinath,
Anchal - Bandra, District - Muzaffarpur.
12. Deepak Prasad Singh son of Ram Pramarth Prasad Singh, resident of
village- Madhaiya, P.S. Piyar, District Muzaffarpur, presently working as
Patna High Court CWJC No.13484 of 2025 dt.19-01-2026
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Headmaster, Upgraded Middle School, Ratanmaniya Anchal- Bandra
District - Muzaffarpur.
13. Anunay Kumar son of Ramchandra Bhagat, resident of Jangali Mai Asthan
Balughat, P.S. Muzaffarpur Town, District Muzaffarpur, presently working
as Headmaster, Upgraded Middle School, Basauli. Himmat Singh, Anchal
Bochahan District Muzaffarpur.
14. Sanyog Kumar Premi son of Ram Ashish Ram, resident of Kali Bari Road,
Ward No.42. P.S. Mithanpura, District Muzaffarpur presently working as
Headmaster. Upgraded Middle School, Bhushahi, Anchal-Bochahan. District
- Muzaffarpur.
15. Neeraj Kumar son of Raj Narayan Poddar, resident of village-
Shambhunathpur, Dholi, P.O.- T.C.A. Dholi, P.S. Sakra, District Muzaffarpur
presently working as Headmaster, Upgraded Middle School, Maheshpur,
Anchal- Bandra, District -Muzaffarpur
16. Bishambhu Nath Roy son of Shree Bhupendra Roy, resident of village-
Manikpur Itaha, P.O. Itaha, P.S. Sakra, District -Muzaffarpur, presently
working as Headmaster, Nationalized Middle School, Tepri, Anchal- Bandra,
District - Muzaffarpur.
17. Rajesh Paswan son of Late Nathuni Paswan, resident of village-Lautan, P.O.
Muraul, P.S. Sakra, District Muzaffarpur presently working as Headmaster,
Upgraded Middle School, Gopalpur Bishunpur, Anchal- Muraul, District -
Muzaffarpur
18. Baiju Kumar Rajak son of Late Chunni Lal Rajak, resident of Mohalla-
Pakki Sarai,Jail Road,, P.S. Mithanpura, District - Muzaffarpur, presently
working as Headmaster, Nationalized Middle School, Mahammadpur Girls
Muraul, Anchal- Muraul, District - Muzaffarpur.
19. Sanjeev Kumar Singh son of Lalan Prasad Singh, resident of Mohalla-
Malighat, B.M.P.-6 Road, P.S. Mithanpura, District Muzaffarpur, presently
working as Headmaster, Nationalized Middle School, Mahmmadpur Boys,
Anchal- Muraul, District - Muzaffarpur.
20. Ashok Sah son of Late Mahendra Sah, resident of village- Jahangirpur, P.O.
Muraul, P.S. Sakra, District - Muzaffarpur, presently working as
Headmaster, Nationalized Middle School, Itaha, Anchal-Muraul, District -
Muzaffarpur.
21. Amlesh Kumar Singh son of Late Ram Sakha Singh, resident of Mohalla-
Sikandarpur New Area, P.S. Muzaffarpur Town, District - Muzaffarpur, the
retired Headmaster, Nationalized Upgraded Middle School, Sanahi, Anchal-
Bochahan, District - Muzaffarpur.
22. Uday Shankar Prasad son of Kedar Prasad, resident of village- Pahsaul, P.S.
Katra, District- Muzaffarpur, presently working as Headmaster, Upgraded
Middle School, Thikahan, Anchal- Bochahan, District- Muzaffarpur.
23. Om Prakash son of Late Ram Kishore Ojha, resident of village and P.O.
Chaumukh, P.S. Bochahan District Muzaffarpur presently working as
Headmaster. Upgraded Middle School, Manpur, Anchal-Bochahan, District -
Muzaffarpur
24. Mewa Lal Ram son of Late Asharfi Ram resident of village- Koiria Jagir,
P.O. and P.S. Paroo, District Muzaffarpur presently working as Headmaster,
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Upgraded Middle School, Hariharpur Bhikhi Anchal- Paroo, District -
Muzaffarpur
25. Birendra Bhakta son of Jagannath Bhakt, resident of village- Kodariya, P.S.
Paroo District Muzaffarpur, presently working as Headmaster, Middle
School, Bara Daud Anchal- Paroo, District Muzaffarpur.
26. Pawan Kumar Ram son of Late Mahavir Ram, resident of village-
Muhabbatpur, P.S. Deoria, District Muzaffarpur, presently working as
Headmaster, Upgraded Middle School, Neknampur, Anchal- Paroo, District
Muzaffarpur.
27. Veena Kumari wife of Jeta Kumar, resident of village- Bishunpur Saraiya,
P.S. Deoria, District - Muzaffarpur, presently working as Headmistress,
Upgraded Middle School, BishunPur Saraiya east, Anchal-Paroo, District -
Muzaffarpur
28. Kishore Sanjay son of Binda Bhakta, resident of village- Muhabbatpur, P.S.
Deoria, District Muzaffarpur, presently working as Headmaster, Upgraded
Middle School, Harpur Kaparphora, Anchal- Paroo, District Muzaffarpur.
29. Jairam Sah son of Late Mahadeo Sah, resident of village and P.O. Dharphari,
P.S. Deoria, District Muzaffarpur presently working as Headmaster,
Nationalized Middle School, Dharphari Boys, Anchal- Paroo, District -
Muzaffarpur.
30. Aditya Kumar son of Late Narayan Singh, resident of Mohalla- Chaudharain
Gali, Naya Tola, P.S. Kazi Mohammadpur, District Muzaffarpur presently
working as Headmaster, Middle School, Akhtiyarpur , Anchal- Marwan,
District - Muzaffarpur.
31. Arvind Kumar son of Sri Devendra Sharma, resident of Mohalla-
Govindpuri Bibi Ganj, P.S. Muzaffarpur Sadar, District Muzaffarpur,
presently working as Headmaster, Upgraded Middle School, Jian Hindi,
Anchal- Marwan, District - Muzaffarpur
32. Sunil Kumar son of Late Ramashish Mahto, resident of Mohalla- New
Colony Gannipur, P.S. Kazi Mohammadpur, District Muzaffarpur, presently
working as Headmaster, Upgraded Middle School, Gawsara Mushahar,
Anchal- Marwan, District - Muzaffarpur.
33. Ajay Kumar son of Late Ramchandra Mahto, resident of Mohalla-
Shramjeevi Nagar ( Near Prabhat Tara Girls School), Bhagwanpur, P.S.
Muzaffarpur Sadar, District Muzaffarpur, presently working as Headmaster,
Upgraded Middle School, Makdumpur Kodariya Gwala Tola, Anchal-
Marwan, District - Muzaffarpur.
34. Rajgir Prasad son of Late Munilal Ray, resident of Mohalla- Yadav Nagar,
Bhagwanpur, P.S. Muzaffarpur Sadar, District - Muzaffarpur, presently
working as Headmaster, Upgraded Middle School, Khalilpur, Anchal-
Marwan, District-Muzaffarpur.
35. Sushil Kumar Sushil son of Brahmdeo Singh, resident of village- Ratanpur,
P.O. Rampur Saghri, P.S. Aurai, District - Muzaffarpur, presently working as
Headmaster, Upgraded Middle School, Mahmoodpur Anchal Aurai, District-
Muzaffarpur.
36. Arvind Kumar son of Late Ram Narayan Sah, resident of village- Jhapha
(Manjhaulia), P.O. Jhaphan, P.S. Ahiyapur, District - Muzaffarpur, presently
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working as Headmaster, Upgraded Middle School, Mohanpur, Anchal-
Minapur, District - Muzaffarpur.
37. Umesh Kumar son of Bishwanath Sah, resident of village and P.O.
Fatehabad, P.S. Paroo, District- Muzaffarpur presently working as
Headmaster, Upgraded Middle School, Manjhaulia South, Anchal- Paroo,
District - Muzaffarpur.
38. Shatrughan Prasad son of Late Ram Ayodhya Prasad, resident of village and
P.O. Dharfari, P.S. Deoria, District Muzaffarpur presently working as
Headmaster, Upgraded Middle School, Chiknauta Anchal- Marwan, District
- Muzaffarpur.
39. Vinod Kumar son of Late Ramashray Sahani, resident of village and P.O.
Dharphari, P.S. Deoriya, District - Muzaffarpur, presently working as
Headmaster, Upgraded Middle School, Chand Kewari, South, Anchal-
Paroo, District - Muzaffarpur.
40. Ranjeet Kumar son of Late Suryadeo Prasad, resident of village-
Damodarpur, P.S. Kanti, District Muzaffarpur, presently working as
Headmaster, Upgraded Middle School, Bharra Hindi, Anchal- Marwan,
District - Muzaffarpur.
41. Shatrughan Kumar son of Jagdeo Pandit, resident of village- Gopalpur
Gopal, P.O. Sharfuddinpur P.S. Bochahan, District Muzaffarpur presently
working as Headmaster, Nationalized Upgraded Middle School, Hamidpur
Anchal- Bochahan, District Muzaffarpur.
42. Sudhir Kumar Suman son of Ram Bahadur Ram resident of village-
Sahwazpur, P.S. Ahiyapur, District Muzaffarpur, presently working as
Headmaster, Upgraded Middle School, Bara Jagannath Anchal- Mushahari,
District - Muzaffarpur.
43. Manoj Kumar son of Maheshwar Prasad Sahani, resident of village- Vijay
Chapra P.O. Bhikhanpur, P.S. Ahiyapur, District Muzaffarpur presently
working as Headmaster, Nationalized Upgraded Middle School, Vijay
Chapra P.S. Kanti, District Muzaffarpur
44. Krsihna Nandan Sahani son of Ram Dhyan Sahani, resident of village-
Sohijan, P.S. Hathauri, District Muzaffarpur, presently working as
Headmaster, Upgraded Middle School, Berai, Tekuna Tola North, Anchal-
Katra, District - Muzaffarpur.
45. Manoj Kumar son of Sri Satyanarayan Prasad, resident of village-
Mahaddipur, P.O. Dholi, P.S. Sakra, District - Muzaffarpur, presently
working as Headmaster, Upgraded Middle School, Dihuli Goait, Anchal-
Sakra, District - Muzaffarpur.
46. Md. Imranuddin son of Late Mahmmod Hassan, resident of Mohalla-
Chitraguptpuri, Maripur, P.S. Kazi Mohammadpur, District- Muzaffarpur
presently working as Headmaster Nationalized Upgraded Middle School,
Bhutane Urdu, Anchal- Bochahan, District -Muzaffarpur.
47. Satya Prakash Gupta son of Late Vishwanath Prasad Gupta, resident of
Kanhauli Khadi Bhandar Road, P.O. Ramna, P.S. Mithanpura District
Muzaffarpur, presently working as Headmaster, Upgraded Middle School,
Headquarter Mushahari, Anchal- Mushahari, District - Muzaffarpur.
48. Vinay Kumar son of Late Braj Kishore Singh, resident of village Kanhauli
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Bawan Bigha, Road No.2, P.O. Ramna P.S. Mithanpura, District
Muzaffarpur, presently working as Headmaster, Upgraded Middle School,
Mushahari Farm, Anchal- Mushahari, District -Muzaffarpur.
49. Md. Islam Ansari son of Md. Ismile Ansari, resident of village- Muraliya
Chak (Nempur), P.O. Raini, P.S. Sakra, District Muzaffarpur, presently
working as Headmaster, Upgraded Middle School, Muslim Tola,
Mahmadpur Badal Anchal-Muraul, District- Muzaffarpur.
50. Jitesh Kumar son of Ramnath Singh, resident of Mohalla- Malighat, Chunna
Bhathi Road, P.S. Mithanpura, District Muzaffarpur, presently working as
Headmaster, Upgraded Middle School, Dardha Anchal- Muraul, District -
Muzaffarpur.
51. Hari Kishore Rai son of Sri Maheshwar Rai, resident of village- Sadikpur
Muraul, P.S. Sakra, District Muzaffarpur, presently working as Headmaster,
Middle School, Abdulpur Raini, Anchal- Muraul, District - Muzaffarpur.
52. Ajay Kumar son of Bbaulal Ray, resident of village and P.O. Keshopur, P.S.
Sakra, District Muzaffarpur, presently working as Headmaster, Upgraded
Middle School, Sirajabad, Anchal- Sakra, District Muzaffarpur.
53. Sanjay Kumar son of Sri Suryadeo Prasad, resident of village- Majhaulia,
P.S. Sakra, District Muzaffarpur, presently working as Headmaster Upgraded
Middle School, Chakrawe Maniyari, Anchal- Sakra, District - Muzaffarpur.
54. Mohd. Hasnain son of Md. Yunus, resident of village- Paharpur, P.S. Sakra,
District Muzaffarpur, presently working as Headmaster, Upgraded Middle
School, Simra, Anchal- Sakra, District - Muzaffarpur.
55. Gopal Sharma son of Ramji Sharma resident of village- Atardah, P.O.
Ramna P.S. Muzaffarpur Sadar, District - Muzaffarpur, presently working as
Headmaster, Upgraded Middle School, Pokhraira. Anchal -Kurhani, District
- Muzaffarpur.
56. Md. Jabbar Rain son of Md. Suit Rain, resident of village- Birrakh, P.S.
Sursand, District Sitamarhi, presently working as Headmaster Upgraded
Middle School, Budhnagra, Gandakpar, Anchal- Mushahari, District -
Muzaffarpur.
57. Baban Prasad Singh son of Kunwar Singh, resident of village- Sohansi, P.O.
Sohansa P.S. Deoria, District Muzaffarpur, presently working as an Assistant
Teacher, Upgraded Middle School, Hasan Chak Bangra, Anchal- Mushahari,
District - Muzaffarpur.
58. Sanjay Kumar son of Late Deolal Singh, resident of village- Muzaffara
Kamtaul, P.S. Kudhani, District Muzaffarpur, presently working as
Headmaster, Nationalized Middle School, Kishunpur Mohini, Anchal-
Kudhani, District-Muzaffarpur.
59. Chaturbhuj Choudhary son of Late Saryug Choudhary, resident of village-
Morenisf, P.S. Turki, District Muzaffarpur presently working as Headmaster,
Middle School, Siuri Aima Anchal-Saraiya, District - Muzaffarpur.
60. Dilip Kumar son of Late Nagendra Paswan, resident of village and P.O.
Sakari Saraiya, P.S. Kudhani (Turki), District Muzaffarpur, presently
working as Headmaster Upgraded Middle School, Anchal- Kudhani, District
- Muzaffarpur.
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61. Archana Kumari wife of Amlesh Kumar, resident of Mohalla - Gannipur,
Mishra Tola, P.S. Kazi Mohammadpur, District - Muzaffarpur, presently
working as Headmistress Upgraded Middle School, Raghunatpur
Madhuban, Anchal- Kurhani District Muzaffarpur.
62. Jay Narayan Sinha son of Late Ramprit Singh, resident of village-
Pokhariyapir. Atardah. Ward No.2, P.S. Muzaffarpur Sadar, District -
Muzaffarpur presently working as Headmaster, Nationalized Upgraded
Middle School, Sahdullapur Hindi, Anchal Sakra, District-Muzaffarpur.
63. Mahesh Prasad son of Late Ramvilas Ray, resident of village- Sakra
Faridpur, P.O. Dholi, P.S. Sakra, District Muzaffarpur presently working as
Headmaster Upgraded Middle School, Bajitpur Ashok, Anchal- Sakra,
District-Muzaffarpur.
64. Diwakar Kumar son of Mahendra Prasad Chaudhary, resident of village-
Gorai, P.S. Aurai, District Muzaffarpur , presently working as Headmaster,
Upgraded Middle School, Maheshwara, Anchal-Aurai, District -
Muzaffarpur.
65. Pramod Kumar Singh son of Chandradeo Prasad Singh , resident of village-
Deokuli Bujurg, P.S. Aurai, District - Muzaffarpur, presently working as
Headmaster, Upgraded Middle School, Kokilwara West, Anchal- Aurai,
District - Muzaffarpur
66. Pawan Kumar Singh son of Ram Dayal Singh, resident of village- Rajpur,
P.S. Shahpur Patori District Samastipur presently working as Headmaster,
Nationalized Middle School, Shahpur Maricha, P.S. Kudhani, District -
Muzaffarpur.
67. Kumar Prabhakar son of Satyanarain Prasad Gupta, resident of Mohalla-
Atardah Transformer Gali, P.O. Ramna, P.S. Muzaffarpur Sadar, District
Muzaffarpur, presently working as Headmaster, Upgraded Middle School,
Basant Kharauna, Anchal Kudhani District - Muzaffarpur.
68. Priyatosh Kumar son of Sri Dharmnath Thakur, resident of village-
Mahmadpur Alam, PO. Bhakhari, P.S. Maniyari, District Muzaffarpur
presently working as Headmaster, Nationalized Upgraded Middle School,
Subadhiya Noor, Anchal- Kudhani, District - Muzaffarpur.
69. Zeenat Praveen wife of Md. Soeb Alam, resident of Mohalla- Jakaria
Colony, Sadpura, P.S. Kazi Mohammadpur District Muzaffarpur presently
working as Assistant Teacher, Nationalized Girls Middle School, Sadpura
Hindi, Anchal Mushahari, District Muzaffarpur.
70. Farhana Zaheer wife of Md. Israfil, resident of Mohalla- Kamra, Lakari Dhai
Lane, P.S. Muzaffarpur Town, District - Muzaffarpur, presently working as
Headmaster, Nationalized Urdu Middle School, Chak Abdul Wahid, Town
Area, Anchal- Mushahari, District Muzaffarpur.
71. Shailendra Kumar Pandey son of Damodar Pandey, resident of village-
Teliya, P.O. Nabiganj Bazar, P.S. Lakari Nabiganj, District Siwan presently
working as Assistant Teacher, Upgraded Middle School, B.M.P. Compound
Nagar Area, Anchal- Mushahari District - Muzaffarpur.
72. Renu Chaudhary wife of Pawaneshwar Mahto resident of Mohalla- Jail
Chowk, Amrud Bagan, P.S. Mithanpura, District Muzaffarpur, presently
working as Assistant Teacher, Model Upgraded Middle School, B.M.P.
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Compound Town Area, Anchal- Mushahari, District - Muzaffarpur.
73. Krishna Kumar son of Shree Shankar Chaudhary, resident of Kanhauli
Khadi Bhandar, P.O. Ramna, P.S. Mithanpura, District Muzaffarpur,
presently working as Headmaster, Nationalized Upgraded Middle School,
B.M.P. Compound Town Area, Anchal- Mushahari District -Muzaffarpur.
74. Pramod Paswan son of Late Baidyanath Paswan, resident of village, P.O.
and P.S. Karja, District Muzaffarpur, presently working as Headmaster
Upgraded Middle School, Chainpur Mahmadpur Khaje Anchal- Marwan,
District - Muzaffarpur.
75. Shishir Kumar son of Late Anirudh Sah, resident of village and P.O.
Damodarpur, P.S. Kanti, District - Muzaffarpur, presently working as
Assistant Teacher, Upgraded Middle School, Sonebarsa, Anchal- Kanti
District - Muzaffarpur.
76. Sunil Kumar son of Sri Ramjeevan Ram resident of Bhagwanpur, High
School Road, P.O. Bhagwanpur, P.S. Muzaffarpur Sadar, District
Muzaffarpur, presently working as Headmaster, Upgraded Middle School,
Rampur Lakshmi, Anchal Kanti, District Muzaffarpur.
77. Sunil Kumar son of Late Shyam Nandan Bhagat, resident of village- Dhodhi
Ratan, P.S. Kurhani, District Muzaffarpur presently working as Headmaster,
Upgraded Middle School, Keshopur Pokhar, Anchal- Kudhani, District -
Muzaffarpur.
78. Santosh Kumar son of Late Laxmi Narayan Singh, resident of village- Gauri
Pundah, P.S. Fatuha, District - Patna, presently working as Headmaster,
Upgraded Middle School, Baghi Madho, Anchal- Kudhani District -
Muzaffarpur.
79. Shani Kumar son of Sri Prabhu Paswan resident of village and P.O. Susta,
P.S. Muzaffarpur Sadar, District - Muzaffarpur, presently working as
Headmaster, Upgraded High Middle School, Chhitrauli Anchal- Kudhani,
District - Muzaffarpur.
80. Gopal Prasad son of Late Gauri Shankar Prasad, resident of Mohalla- New
Colony Balughat, Road No.3, P.S. Muzaffarpur Town, District Muzaffarpur,
presently working as Headmaster, Middle School, Kanti Kasba, Anchal-
Kanti, District - Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Director, Primary Education Education Department, Government of
Bihar, Patna
4. The District Education Officer, Muzaffarpur District -Muzaffarpur
5. The District Programme Officer (Establishment), Muzaffarpur District -
Muzaffarpur
... ... Respondent/s
======================================================
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Appearance :
For the Petitioner/s : Mr. S.B.K. Mangalam, Adv.
For the Respondent/s : Mr. Kumar Manish, SC-5
Mr. Prashant Kumar, AC to SC-5
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 19-01-2026
Heard the parties.
2. The batch of the writ petitioners have invoked the
jurisdiction of this Court seeking a direction upon the
respondent authorities for extending the benefits of Trained
Teachers Pay Scale with effect from the date when they were
relieved from their respective Teachers Training College after
completing their in-service training. By making modification of
previous orders in this regard by which the petitioners have been
granted the benefit of Trained Teachers Pay Scale with effect from
the date of publication of result of their Teacher's Training.
3. Mr. Mangalam, learned Advocate for the petitioners
submitted that the issue with regard to extending the benefit of
Trained Teachers Pay Scale with effect from the date from their
relieving from respective Teachers Training College has been
set at rest by a co-ordinate Bench of this Court in the case of
Kishor Kumar & Ors vs. The State of Bihar & Ors., C.W.J.C.
No. 16165 of 2019 wherein the Court in no uncertain terms held
as follows:-
Patna High Court CWJC No.13484 of 2025 dt.19-01-2026
i) If there is no dispute that the
petitioners were sent for training in
academic sessions 2013-15 and the
course was completed in May, 2017,
there is no reason to deny the benefit
of trained scale to these petitioners
with effect from May, 2017 when the
course was completed as the
petitioners have completed their
training but for the reason best known
to the respondents the examination
was not held in time and the result
was published belatedly along with
the junior batch.
ii) Considering the aforesaid, the writ
petition is disposed of with a direction
to the Director, Primary Education to
consider the case of the petitioners
and grant the benefit from the date of
completion of training to the
petitioners as the lapses on the part of
the respondents cannot be a ground to
deny the benefit of trained pay scale.
It is now well settled that one cannot
take advantage of his own wrong in
defeating the genuine claim. Chief
Justice Chhagla of Bombay High
Court in the case of All India
Groundnut Syndicate Ltd. Vs.
Commissioner of Income Tax,
Bombay City: AIR 1954 Bom. 232
has occasion to settle the principle on
the similar line there is judgment of
the Apex Court in the case of State of
Maharashtra Vs. Jagannath Achyut
Karandikar: AIR 1989 SC 1133. The
respondents have to take decision
granting benefit of trained scale to the
Patna High Court CWJC No.13484 of 2025 dt.19-01-2026
petitioners with effect from the date of
completion of their training i.e. May,
2017. Necessary decision in this
regard with all consequential
monetary benefits must be taken by
the Director, Secondary Education
within a period of sixty days from the
date of receipt/production of a copy of
this order."
4. Taking this Court through the afore-noted decision
it is further contended that identically situated persons have
approached this Court by filing different writ petitions including
C.W.J.C. No. 7006 of 2024 which also came to be disposed off
in identical terms and out of many, several persons have been
allowed the benefit of Trained Teachers Pay Scale with effect
from the date when they were relieved from the respective
Teachers Training College, but discrimination has been caused
and the petitioners have been left untouched. Attention of this
Court has been drawn upon Annexure P/4, the order issued by
the District Programme Officer, Establishment, Gaya under
Memo No. 383 dated 03.04.2025. However, the authorities have
again committed a misdeed by observing in the order that the
same shall not be treated as a precedence. The aforesaid
observation made by the concerned authorities is said to be in
derogation or in complete defiance to the order of this Court,
once the order passed by this Court is not in personem, rather in
Patna High Court CWJC No.13484 of 2025 dt.19-01-2026
rem.
5. The State being a model employer, is bound to
follow its decision and once they have come out with the Bihar
State Litigation Policy, 2011, the responsibilities have been cast
upon the competent authority to grant similar benefits to the
petitioners, if in identical situation others have been allowed the
benefits in terms with the order of this Court.
6. A counter affidavit has been filed on behalf of
respondent no. 6, however there is no whisper with respect to
the contention as raised in the writ petition to the extent wherein
the petitioners have placed reliance upon a decision passed by
learned co-ordinate Bench of this Court in the case of Kishor
Kumar & Ors. (supra).
7. Having considered the submissions advanced by
learned Advocate for the respective parties, this Court finds that
the counter affidavit filed on behalf of the respondent no. 6 does
not answer the contention raised by the petitioners.
8. In view of the aforesaid facts, this Court directs the
respondent nos. 5 and 6 to consider the claim of the petitioners
in the light of the decision rendered by this Court afore-noted,
keeping in view the submissions made by the petitioners that
others have been allowed the benefit of Trained Pay Scale, with
Patna High Court CWJC No.13484 of 2025 dt.19-01-2026
effect from the date when they were relieved from their
respective Teachers Training College after completing their in-
services training, preferably within a period of twelve weeks.
9. Suffice it to observe that if the claim of the
petitioners find favour, necessary consequential order must be
followed.
10. The writ petition stands disposed off.
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.01.2026
Transmission Date NA
