Patna High Court - Orders
Sudarshan Prasad vs The State Of Bihar on 9 December, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17237 of 2025
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1. Sudarshan Prasad Son of Late Kailash Prasad, Resident of Mohalla Chandel
Nagar, Nerathua Math, Police Station- Kako, District-Jehanabad. At present
posted as Headmaster, Government Middle School, Charh, Anchal-
Makhdumpur, District-Jehanabad.
2. Manoj Chaudhary, Son of Mundrika Chaudhary, Resident of Mohalla -
Karpuri Nagar, Balti Factory Road, Malahchak, Police Station Jehanabad,
District- Jehanabad. At present posted as Trained Gradaute Teacher in
Government Murlidhar Middle School Jehanabad, Anchal- Jehanabad,
District- Jehanabad
3. Yogendra Kumar, Son of Late Ram Prasad Pandit. Resident of Village -
Jolah Bigha Police Station- Parasa Bigha, District- Jehanabad. At present
posted as Headmaster, Government Upgraded Middle School, Pakri, Anchal-
Jehanabad, District- Jehanabad.
4. Rakesh Kumar, Son of Yamuna Prasad, Resident of Village Mahadipur,
Police Station Shakurabad, District-Jehanabad. At present posted as Trained
Graduate Teacher, Government Upgraded Middle School Mahamadpur,
Anchal-Ratni Faridpur, District Jehanabad.
5. Anand Kumar Bharti, Son of Ramotar Ravidas, Resident of Village and
Police Station. Khodaganj, District- Nalanda. At present posted as
Headmaster, Government Adarsh Middle School Gangapur Anchal-
Hulasganj, District- Jehanabad.
6. Ranjit Kumar, Son of Kailash Yadav, Resident of Mohalla - Prakhand
Colony, Bairamsarai Ghosi, Police Station-Ghosi, District-Jehanabad. At
present posted as Headmaster, Government Upgraded Middle School
Hajisarai, Anchal- Kako, District- Jehanabad
7. Jaynandan Prasad, Son of Indradeo Singh, Resident of Village - Narayan
Bigha, Police Station Ghosi, District-Jehanabad. At present posted as
Headmaster, Government Upgraded Middle School Bibipur (Hindi), Anchal-
Kako, District- Jehanabad.
8. Shailesh Kumar, Son of Navyadik Ram, Resident of Village Tehta Math,
Police Station-Tehta, District-Jehanabad. At present posted as Headmaster,
Government Upgraded Middle School Chandai, Anchal- Makhdumpur,
District-Jehanabad.
9. Arbind Kumar Rakesh, Son of Nityanand Verma, Resident of Mohalla
Maurya Nagar, Kako Road, Police Station-Jehanabad, District-Jehanabad. At
present posted as Headmaster, Government Upgraded. Middle School Firozi
(Hindi), Anchal-Kako, District-Jehanabad.
10. Vinod Kumar, Son of Late Nageshwar Prasad, Resident of Mohalla Unta
Eastern Street, Police Station- Jehanabad, District-Jehanabad. At present
posted as Headmaster, Government Middle School Kohra, Anchal-
Makhdumpur, District-Jehanabad.
11. Kamlesh Kumar, Son of Shiv Shankar Thakur, Resident of Mohalla - Purvi
Unta, Ward No 10, Police Station-Jehanabad, District-Jehanabad. present
posted as Headmaster, Government Middle School Bhadsara, Anchal-Kako,
Patna High Court CWJC No.17237 of 2025(3) dt.09-12-2025
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District-Jehanabad.
12. Ramesh Choudhary, Son of Late Etwari Choudhary, Resident of Village -
Gopalganj Police Station-Ghoshi, District-Jehanabad. At present posted as
Trained Graduate Teacher, Government Middle School Murgiachak, Anchal-
Ghoshi, District-Jehanabad.
13. Suresh Kumar Chanchal, Son of Late Gulel Chaudhary, Resident of Mohalla
Shyam Nagar, Kutiyapar, Ward No. 09, Police Station-Jehanabad District-
Jehanabad. At present posted as Headmaster Government Upgraded Middle
School Ainwan, Anchal-Kako District- Jehanabad.
14. Md. Arif Hussain, Son of Late Md. Abdul Qbdul Qaiyum, Resident of
Village - Shekhpura, Police Station-Ghoshi, District-Jehanabad At present
posted as Headmaster, Government Upgraded Middle School Sisara,
Anchal- Hulasganj, District-Jehanabad.
15. Shree Kant Kumar, Son of Late Ramashray Singh, Resident of Village and
Post Office- Ikkil, Police Station- Makhdumpur, District-Jehanabad. At
present posted as Trained Graduate Teacher, Government A.R. Middle
School Sagarpur, Anchal-Makhdumpur, District-Jehanabad.
16. Sadhu Vishwakarma, Son of Ramlakhan Vishwakarma, Resident of Village -
Shakurabad, Police Station-Shakurabad, District-Jehanabad. At present
posted as Headmaster, Government Upgraded Middle School Bedauli,
Anchal-Ratni Faridpur, District-Jehanabad.
17. Madan Kumar, Son of Chhotan Prasad, Resident of Village Rustamchak,
Police Station- Shakurabad, District- Jehanabad. At present posted as
Headmaster, Government Middle School Dharampur Anchal- Ratni
Faridpur, District-Jehanabad.
18. Prasun Pandit, Son of Kailash Pandit, Resident of Mohalla Nasariganj,
Biscuit Factory Road, Near Winsome Vatika, Police Station-Danapur
District-Patna. At present posted as Headmaster Government Upgraded
Middle School Mogal Bigha, Anchal. Kako, District-Jehanabad.
19. Gambhir Mochi, Son of Late Chandrika Mochi, Resident of Village - Nimra,
Police Station. Kadirganj, District-Patna. At present posted as Headmaster
Government Upgraded Middle School Tetariya, Anchal. Kako, District-
Jehanabad.
20. Anil Prasad, Son of Late Jhapsi Ram, Resident of Village - Okari, Post
Office - Jaitipur Kurua Police Station-Ghoshi, District-Jehanabad. At present
posted as Headmaster, Government Upgraded Middle School Habibalipur,
Anchal-Modanganj, District- Jehanabad.
21. Anant Prasad, Son of Late Ram Chandra Prasad, Resident of Ram Bhawan,
Mohalla- Chaughara, Noon Ka Chauraha, Police Station-Khajekallan.
District-Patna. At present posted as Headmaster. Government Upgraded
Middle School Makhdumpur, Anchal-Jehanabad, District-Jehanabad
22. Devendra Kumar, Son of Krishna Prasad, Resident of Village and Police
Station-Kako, District-Jehanabad. At present posted as Headmaster.
Government Middle School Safepur, Anchal-Kako, District-Jehanabad.
23. Vijay Shankar Singh, Son of Late Ram Ratan Singh, Resident of Village -
Paibigha, Police Station-Belaganj, District-Gaya At present posted as
Headmaster, Government Upgraded Middle School Sohjana, Anchal-
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Makhdumpur, District- Jehanabad.
24. Satyendra Kumar, Son of Late Ram Prasad Pandit, Resident of Village -
Jolahbigha, Police Station- Parasbigha, District-Jehanabad. At present posted
as Headmaster, Government Upgraded Middle School Bandeya, Anchal-
Makhdumpur, District-Jehanabad.
25. Arvind Kumar, Son of Late Shivnandan Prasad, Resident of Village
Khapura, Police Station- Kako District- Jehanabad. At present posted as
Headmaster, Government Upgraded Middle School Madhopur, Anchal-
Ghoshi, District-Jehanabad.
26. Om Prakash Arya Son of Late Ram Sevak Das, Resident of Village
Parwalpur, Police Station-Parwalpur, District-Nalanda. At present posted as
Headmaster, Government Upgraded Middle School Baigani Anchal-
Hulasganj, District-Jehanabad.
27. Mumtaz Hussain, Son of Md. Hussain, Resident of Mohalla Prakhand
Colony, Bairamsarai, Police Station-Ghoshi, District. Jehanabad. At present
posted as Trained Graduate Teacher, Government Upgraded Middle School
Chandaura Anchal-Kako, District- Jehanabad.
28. Om Prakash Satyarthi, Son of Late Rajendra Kumar, Resident of Village -
Jahidpur, Police Station- Punpun, District- Patna. At present posted as
Headmaster, Government Upgraded Middle School Mahadev Bigha,
Anchal- Makhdumpur, District- Jehanabad
29. Akhilesh Kumar, Son of Suryadeo Prasad, Resident of Village - Garari
Balwa, Police Station- Konch, District- Gaya. At present posted as
Headmaster, Government Upgraded Middle School Owa. Anchal-
Makhdumpur, District-Jehanabad.
30. Upendra Narayan Chakravarty, Son of Late Suryadeo Singh, Resident of
Village and Post Office- Ratni Bazar, Police Station- Shakurabad, District-
Jehanabad. At present posted as Headmaster, Government Upgraded Middle
School Jhunathi, Anchal-Ratni Faridpur, District- Jehanabad.
31. Pawan Paswan, Son of Sitaram Paswan, Resident of Mohalla - Shyam
Nagar, Near Munshi Kebin, Ward No. 09, Police Station- Jehanabad,
District- Jehanabad. At present posted as Trained Graduate Teacher,
Government Upgraded Middle School Sulemanpur, Anchal-Kako, District-
Jehanabad.
32. Sanjay Paswan, Son of Ramprit Paswan, Resident of Village
Devshikhandha, Police Paswan, Station- Kalpa (Jehanabad), District-
Jehanabad. At present posted as Trained Graduate Teacher, Government
Upgraded Middle School Parshurampur, Anchal-Jehanabad District-
Jehanabad.
33. Ramadhar Singh, Son of Mohan Singh, Resident of Village Sarta, Police
Station. Parasbigha, District-Jehanabad. At present posted as Headmaster,
Government Upgraded Middle School Chiksaura, Anchal-Ratni Faridpur,
District-Jehanabad.
34. Rajesh Kumar, Son of Late Chhahuri Paswan, Resident of Mohalla -
Gewalbigha, Police Line, Police Station-Rampur, District-Gaya. At present
posted as Headmaster, Government Upgraded Middle School Pipra, Anchal-
Makhdumpur, District-Jehanabad.
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35. Sujendra Kumar, Son of Late Brijkishor Prasad, Resident of Village
Kharauna, Police Station- Naubatpur, District-Patna. At present posted as
Headmaster, Government Upgraded Middle School Parshurampur, Anchal-
Jehanabad, District- Jehanabad.
36. Satish Kumar, Son of Ramashray Singh, Resident of Village Gaurakshi Devi
Asthan, Police Station- Jehanabad, District- Jehanabad. At present posted as
Headmaster, Government Upgraded Middle School Kishunpur, Anchal-
Kako, District- Jehanabad
37. Dharmendra Kumar, Son of Kail Das, Resident of Village Sarsi, Police
Station-Paliganj, District-Patna. At present posted as Headmaster,
Government Upgraded Middle School Bagahi, Anchal-Ratni Faridpur,
District-Jehanabad.
38. Surendra Kumar, Son of Late Jangi Das, Resident of Village Naiki, Police
Station-Rafiganj, District- Aurangabad. At present posted as Headmaster,
Government Upgraded Middle School Jamuawan, Anchal-Jehanabad,
District- Jehanabad.
39. Sanjay Kumar Son of Govind Prasad, Resident of Village Chhariyari, Police
Station- Makhdumpur, District- Jehanabad. At present posted as Headmaster,
Government Upgraded Middle Schoo Salarpur, Anchal-Jehanabad, District-
Jehanabad.
40. Ghanshyam Singh, Son of Lats Raghu Ram, Resident of Village Khatangi,
Police Station Kurtha, District-Arwal. At present posted as Headmaster,
Government Middle School Sabdalpur, Anchal Makhdumpur, District-
Jehanabad.
41. Manoj Kumar, Son of Vishnu Deo Prasad Verma, Resident of Village -
Lokanagar, Police Station- Jehanabad, District- Jehanabad, At present posted
as Headmaster. Government Upgraded Middle School Ganeshibigha,
Anchal-Kako, District-Jehanabad.
42. Vinod Kumar Verma, Son of Late Prameshwar Prasad, Resident of Village
and Post Office Saren via Tehta, Police Station- Makhdumpur, District
Jehanabad. Retired while working as Headmaster Government Upgraded
Middle School Dhanuki, Anchal Makhdumpur, District-Jehanabad.
43. Sudarshan Prasad, Son of Banaudhi Das, Resident of Village Bahavalpur,
Police Station- Kurtha, District- Arwal. At present posted as Headmaster,
Government Upgraded Middle School Murari, Anchal- Kako, District-
Jehanabad.
44. Satyendra Kumar, Son of Late Subedar Prasad, Resident of Mohalla
Chandravanshi Nagar, Main Road, Jehanabad, Police Station- Jehanabad,
District- Jehanabad. At present posted as Headmaster, Government
Upgraded Middle School Bembai, Anchal- Kako, District-Jehanabad.
45. Anuj Kumar, Son of Ram Subhag Prasad, Resident of Village and Post
Office Sugaon, Police Station- Makhdumpur, District- Jehanabad. At present
posted as Headmaster, Government Upgraded Middle School Isebigha,
Anchal-Jehanabad, District- Jehanabad.
46. Shiv Shankar Tyagi, Son of Chandradev Prasad, Resident of Village
Rupanchak, Police Station- Islampur, District- Nalanda. At present posted as
Headmaster, Government Upgraded Middle School Pahal Bigha, Anchal-
Patna High Court CWJC No.17237 of 2025(3) dt.09-12-2025
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Kako, District-Jehanabad
47. Manoj Kumar, Son of Prithvi Chandra Shaha, Resident of Mohalla-
Prakhand Colony, Bairamsarai, Police Station-Ghoshi, District-Jehanabad.
At present posted as Headmaster, Government Kanya Middle School
Ghoshi, Anchal- Ghoshi, District- Jehanabad
48. Rajani Kant Sinha, Son of Mundrika Prasad Singh, Resident of Village
Mainamath, Post Office- Modanganj, Police Station- Ghoshi, District-
Jehanabad. At present posted as Headmaster, Government Upgraded Middle
School Pakhanpur, Anchal- Modanganj, District-Jehanabad.
49. Sanjay Kumar Suman, Son of Ram Nandan Prasad, Resident of Village
Salempur, Post Office- Nadaul, Police Station- Jehanabad, District-
Jehanabad. At present posted as Headmaster, Government Upgraded Middle
School Bara Jalalpur, Anchal- Kako, District- Jehanabad.
50. Mithilesh Kumar, Son of Laldev Singh, Resident of Village Sulemanpur,
Post Office-At Kazisarai, Police Station- Kako, District-Jehanabad present
posted as Headmaster, Government Upgraded Middle School Barwan,
Anchal- Kako, District- Jehanabad
51. Jitendra Kumar Sharma, Son of Girja Nandan Sharma, Resident of Village
Murasa, Police Station- Kako, District-Jehanabad. At present posted as
Headmaster, Government Upgraded Middle School Nerthuaoi, Anchal-
Kako, District-Jehanabad.
52. Dilip Kumar, Son of Mathura Prasad, Resident of Village - Amthua, Post
Office- Kazisarai, Police Station- Kako, District-Jehanabad. At present
posted as Headmaster, Government Upgraded Middle School Khalispur,
Anchal- Kako, District- Jehanabad.
53. Ram Prasad, Son Laxmi Narayan Gupta, Resident of Mohalla - Raza Bazar,
Police Station- Jehanabad, District- Jehanabad. At present posted as
Headmaster, Government Middle School Jahangirpur, Anchal- Ratni
Faridpur, District- Jehanabad.
54. Sanjay Kumar Sinha, Son of Ram Pati Prasad, Resident of Village -
Shyamnagar West of Veterinary Hospital, Police Station- Jehanabad,
District- Jehanabad. At present posted as Headmaster, Government
Upgraded Middle School Jamanbigha, Anchal- Jehanabad District-
Jehanabad.
55. Rakesh Kumar, Son of Shyam Narayan Yadav, Resident of Village -
Kumardih, Post Office. Saren, Police Station- Makhdumpur, District-
Jehanabad. At present posted as Headmaster, Government Upgraded Middle
School Sahobigha, Anchal- Ghoshi, District- Jehanabad.
56. Satyendra Paswan, Son of Late Rambriksh Paswan, Resident of Mohalla-
East Unta, Jehanabad, Police Station- Jehanabad, District- Jehanabad. At
present posted as Headmaster, Government Upgraded Middle School Bazar
Tali, Anchal-Jehanabad, District- Jehanabad.
57. Brajendra Kumar Son of Late Laldas Yadav, Resident of Village Shreepur,
Post Office- Ner, Police Station- Makhdumpur, District- Jehanabad. At
present posted as Headmaster, Government Upgraded Middle School
Basantpur Harhar, Anchal- Kako, District- Jehanabad.
58. Binod Kumar, Son of Late Lalmuni Ram, Resident of Village Makhdumpur,
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Police Station- Makhdumpur, District- Jehanabad. At present posted as
Headmaster, Government Upgraded Middle School Nima, Anchal-
Jehanabad, District-Jehanabad.
59. Suwas Paswan, son of Sajiwan Paswan, Resident of Village - Khapura, Post
Office- Ghoshi, Police Station Kako, District Jehanabad. At present posted
as Headmaster, Govt. Upgraded Middle School Dhondhari, Anchal - Ghoshi,
District - Jehanabad.
60. Jitendra Singh Son of Late Sukhdeo Singh, Resident of Village Dhawapar,
Police Station- Parasbigha, District- Jehanabad. At present posted as
Headmaster, Government Upgraded Middle School Malathi Urdu, Anchal-
Makhdumpur, District- Jehanabad.
61. Niraj Kumar, Son of Late Yadunandan Paswan, Resident of Mohalla Shanti
Nagar, Police Station- Jehanabad, District- Jehanabad. At present posted as
Headmaster, Government Upgraded Middle School Bhithiya, Anchal-
Jehanabad, District- Jehanabad.
62. Jayprakash Kumar, Son of Rambalak Paswan, Resident of Village -
Thanabigha, Police Station-Ghosi (OP) Okari, District Jehanabad, presaeing
residing at Dakshini Daultapur, Raja Bajar, District- Jehanabad. At present
posted as Headmaster, Government Upgraded Middle School Mahmadpur,
Anchal- Ratni Faridpur, District- Jehanabad.
63. Koushal Shankar Prasad, Son Kali Prasad, Resident of Village Ranipur,
Police Station-At present posted as Kako, District- Jehanabad. Headmaster,
Government Upgraded Middle School Karariya, Anchal- Makhdumpur,
District-Jehanabad.
64. Dinesh Prasad, Resident of Village Baijnath Bigha, Police Station-Paras
Bigha, District- Jehanabad. At present posted as Headmaster, Government
Upgraded Middle School Madarichak, Anchal-Makhdumpur, District-
Jehanabad.
65. Anil Kumar, Son of Muneshwar Prasad, Resident of Village Lodipur, Police
Station-Hulasganj, District- Jehanabad. Retired while working as
Headmaster, Government Upgraded Middle School Tirra, Anchal-
Hulasganj, District-Jehanabad.
66. Jitendra Prasad, Son of Sheo Pratap Ram, Resident of Village Barki
Kothiyan, Police At present posted as Station- Buxar, District- Buxar.
Headmaster, Government Upgraded Middle School Narayanpur, Anchal-
Makhdumpur, District- Jehanabad.
67. Raj Kumar Mochi, Son of Ramadhar Mochi, Resident of Village Fatehpur,
Police Station-Paliganj, District- Patna. At present posted as Headmaster,
Government Upgraded Middle School Korma, Anchal- Jehanabad, District-
Jehanabad.
68. Sangita Kumari, Wife of Siddhi Kant Choudhary, Resident of Mohalla
Adarsh Colony, Opposite Block More, Makhdumpur, Police Station-
Makhdumpur, District- Jehanabad. At present posted as an Assistant Teacher,
Government Middle School Makhdumpur, Anchal- Jehanabad, District-
Jehanabad.
69. Anil Choudhary, Son of Late Kashi Choudhary, Resident of Jamalpur, Police
Station- Masaurhi, District- Patna. At present posted an Assistant Teacher,
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Government Primary School Salempur, Anchal- Kako, District- Jehanabad.
70. Dhirendra Singh, Son of Shaligram Singh, Resident of Village Unta
Madarpur, Police Station- Jehanabad, District- Jehanabad. At present posted
as Headmaster, Government Upgraded Middle School Dhuriya, Anchal-
Jehanabad, District- Jehanabad.
71. Kumari Neelu, Son of Krishna Dev Choudhary, Resident of Mohalla -
Bandhuganj, Police Station- Ghoshi, District- Jehanabad. At present posted
an Assistant Teacher, Government Primary School Gandhar Math, Anchal-
Ghoshi, District- Jehanabad.
72. Lakhi Choudhary, Son of Late Halkhori Choudhary, Resident of Mohalla
Bandhuganj Police Station-Ghoshi, District- Jehanabad. Retired while
working as Headmaster, Government Upgraded Middle School Badki
Akuna, Anchal- Modanganj, District- Jehanabad.
73. Vijay Shankar, Son of Arjun Ram, Resident of Village - Shahwazpur, Police
Station-Shakurabad, District- Jehanabad. At present posted as Headmaster,
Government Upgraded Middle School Aira, Anchal- Ratni Faridpur,
District- Jehanabad.
74. Sumita Ku. Chandra, Wife of Sunil Kumar, Resident of Mohalla Shyam
Nagar, Jehanabad, Police Station- Jehanabad, District- Jehanabad. At present
posted as Trained Graduate Teacher, Government Upgraded Middle School
Sahbajpur, Anchal- Jehanabad, District-Jehanabad.
75. Mohan Singh, Son of Late Muni Das, Resident of Village Laxmipur, Post
Office - Amain, Police Station- Parasbigha, District-Jehanabad. Retired
while working as Headmaster, Government Upgraded Middle School
Kasain, Anchal- Jehanabad, District-Jehanabad.
76. Pankaj Kumar Singh, Son of Jayshree Singh, Resident of Mohalla -
Ramanand Nagar Jehanabad, Police Station- Jehanabad, District-Jehanabad
At present posted as Headmaster, Government Middle School Modanganj,
Anchal-Modanganj, District- Jehanabad.
77. Maneshwar Prasad, Son of Bindeshwar Prasad, Resident of Mohalla Arya
Patha Mallahchak, Police Station-Jehanabad, District- Jehanabad At present
posted as Headmaster, Governrnent Upgraded Middle School Sukhdev
Bigha, Anchal- Kako, District- Jehanabad.
78. Arvind Kumar, Son of Dudhali Rajak, Resident of Village- Maneri Bigha,
Police Station Mehandiya, District- Arwal. At present posted as Headmaster,
Govt. Upgraded Middle School Rampur, Anchal - Jehanabad, District-
Jehanabad.
79. Kavindra Kumar, Son of Siya Saran Singh, Resident of Mohalla - Devariya,
Behind D.M. Office, Jehanabad, Police Station-Jehanabad, District-
Jehanabad. At present posted as Headmaster, Government Middle School
Tarahua, Anchal- Makhdumpur, District-Jehanabad.
80. Nasimuddin Shams, Son of Late Md. Tahir Ansari, Resident of Mohalla
Khidarpura, Police Station-Jehanabad (Kalpa), District- Jehanabad. At
present posted as Trained Graduate Teacher, Government Upgraded Middle
School Bazar Tali, Anchal- Jehanabad, District- Jehanabad.
... ... Petitioner/s
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Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary-cum-the Principal Secretary, Education
Department, Govt. of Bihar, Patna.
3. The Additional Chief Secretary -cum-the Principal Secretary, Finance
Department, Govt. of Bihar, Patna.
4. The Director, Primary Education, Bihar, Patna.
5. The Regional Deputy Director of Education, Magadh Division, Gaya.
6. The District Education Officer, Jehanabad.
7. The District Programme Officer (Establishment), Jehanabad.
8. The District Accounts Officer, Jehanabad.
9. The District Treasury Officer, Jehanabad.
10. The Accountant General, Birchand Patel Path, Bihar, Patna.
11. The Senior Accounts Officer, office of the Accounta General, Birchand Patel
Path, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Adv.
For the Respondent/s : Mr. Government Pleader (23)
Mr. Sanjay Kumar, AC to GP-23
For the AG, Bihar : Mr. Vivekanand Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 09-12-2025Heard the parties.
2. The petitioners have approached this Court for the following reliefs :-
"I. For issuance of an appropriate writ in the nature of mandamus for commanding and directing authorities the respondent concerned to provide the benefits in the light of letter no. 571 dated 13.06.2023 issued under the signature of the Director, Primary Education, Education Department, Govt. of Bihar, Patna, in compliance of the order passed by this Hon'ble High Court on 09.08.2019 in CWJC No. 16165 of Patna High Court CWJC No.17237 of 2025(3) dt.09-12-2025 9/13 2019 (Kishor Kumar and Others vs. the State of Bihar and Others) as also in the light of memo no. 383 dated 03.04.2025 issued by the District Programme Officer (Establishment), Gaya in compliance of the order dated 14.11.2024 passed by this Hon'ble High Court in CWJC No. 7006/2024 (Jitendra Kumar and Others vs. the State of Bihar and Others) by which, direction has been given for providing the notional benefits of trained pay scale from the date of relieving after completion of training and monetary benefits since 01.10.2003 and since the petitioners had been sent for one year in- service teachers training course for the session 2000-2001 and after completion of training, they were relieved to join their respective schools on different dates in the year 2001 and in the light of the aforesaid letters, the petitioners are entitled for grant of notional benefits from the date of relieving from teachers training, the date on which, they were relieved to join their respective schools after completion of training and due to not providing the notional benefit from the date of their entitlement, the petitioners are at loss of seniority etc. II. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioners in the light of the aforesaid letter no. 571 dated 13.06.2023 issued under the signature of the Director, Primary Education, Education Department, Govt. of Bihar, Patna as also the memo no. 383 dated 03.04.2025 issued by the District Programme Officer (Establishment), Gaya, which have been Patna High Court CWJC No.17237 of 2025(3) dt.09-12-2025 10/13 issued in compliance of the judicial orders passed by this Hon'ble High Court, and provide the notional benefits from the date of completion of training, as there is laches on the part of the respondent/State for not sending the petitioners for in-service teachers training course and taking examination belatedly in which all the petitioners successfully passed.
III. For issuance of an appropriate writ in the nature of mandamus as an alternative prayer of the petitioners for directing the respondent authorities concerned to dispose of the representations of the petitioners dated 15.04.2025 addressed to the District Education Officer, Gaya and the District Programme Officer (Establishment), Gaya and the by reasoned and speaking order by ventilating the genuine grievance of the petitioners for providing the notional benefits from the date of relieving after successful completion of teachers training.
IV. For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioners will be found entitled in the facts and circumstances of the case."
3. Mr. Mishra, learned Advocate for the petitioners adverting to the facts submitted that the issue raised before this Court has come up for consideration before a Bench of this Court in C.W.J.C. No. 16165/2019 and the Court having taken note of the facts that the petitioners were sent for the training in academic session in the year 2014-15 and the course was Patna High Court CWJC No.17237 of 2025(3) dt.09-12-2025 11/13 completed in May, 2017, hence, no reason was found to deny the benefit of trained pay scale to the petitioners with effect from May, 2017 when the course was completed as the petitioners of the said writ petition have completed their training but for the reason best known to the respondents the examination could not be held in time and the result was published belatedly along with the junior batch. The Court further observed that the respondents cannot take advantage of his own wrong in defeating the genuine claim. Similar matters have further come up for consideration in C.W.J.C. No. 7938/2020 wherein the identical relief has been accorded to the petitioners in light of the afore-noted decisions. The State being aggrieved also preferred Letters Patent Appeal L.P.A. bearing no. 456/2021which also came to be dismissed vide order dated 03.04.2025. It is further submitted that in some of the matters where the claim of the identically situated persons have been rejected by the Regional Deputy Director of Education, the aggrieved persons also approached before this Court in C.W.J.C. No. 1774 of 2025 against the impugned order whereby the claim of identically situated persons were rejected, the same has also been set aside vide order dated 10.11.2025.
4. In light of the afore-noted settled legal position, the Patna High Court CWJC No.17237 of 2025(3) dt.09-12-2025 12/13 persons who have approached before this Court they have been allowed the benefit of trained scale with effect from the date of completion of their training, however discrimination has been caused, despite the Bihar litigation policy, 2011, duly formulated by the State. The petitioners have also approached before the authorities concerned by filing representations and are pending consideration but till date no positive decision have been taken, compelling the petitioners to approach this Court.
5. Learned Advocate for the State is present.
6. There is no confrontation with regard to the legal position as stated in the writ petition. Thus, in view of the aforesaid submissions advanced by the learned Advocate for the respective parties and the materials available on record, this Court deems it fit and proper to dispose of the writ petition with a direction to the concerned District Education Officer Jehanabad, to look into the grievance of the petitioner, as raised in their representations; the copy of which are marked as Annexure-P/10 series and dispose of the same keeping in mind the specific prescriptions provided under the Bihar State Litigation Policy, 2011, especially Clause 4(c)(i), thereof, preferably, within a period of twelve weeks from the date of receipt/production of a copy of this order. Suffice it to observe Patna High Court CWJC No.17237 of 2025(3) dt.09-12-2025 13/13 that the respondent authority shall also ensure the admissible and consequential benefits as have been accorded to the other identically situated persons on being found their claim justified.
7. Accordingly, the writ petition stands disposed off.
(Harish Kumar, J) shivank/-
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