Patna High Court - Orders
Shailendra Kumar Singh vs The State Of Bihar on 11 May, 2026
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2494 of 2025
======================================================
Shailendra Kumar Singh
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv.
For the Respondent/s : Mr. K.P.Gupta, GP-10
Mr. Virendra Kuar, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 11-05-2026Heard learned counsel for the petitioner and learned counsel appearing for respondents-State.
2. The petitioner in the present writ application has prayed for the grant of following reliefs:
"(i) For issuance of an appropriate writ in the nature of certiorari for quashing the letter No. 325 dated 30.03.2024 issued under the signature of respondent no.3 with respect to petitioner by which direction has been given to remove guest teachers including the petitioner, giving the reason that 56891 Higher Secondary School teachers (class-11-12) have been appointed therefore continuance of guest teacher is not required and also for quashing letter no. 4108 dated 28.03.2024 issued by the respondent no.4 by which the petitioner has been restrained from discharging the duty of guest teacher (Mathematics), whereas the fact is that still posts of higher secondary school teachers are vacant and till date no one has posted on the post of petitioner and issuance of impugned letters are in teeth of clause -5 of Patna High Court CWJC No.2494 of 2025(4) dt.11-05-2026 2/4 the Gazette notification contained in Resolution No. 51 dated 25.01.2018 by which guest teacher has to continue in service till appointment of teacher.
(ii) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the Respondent authorities to allow the petitioner to continue in service with consequential benefit since his appointment has been made followed the due i.e. advertisement, clearance of reservation roaster, based on academic career keeping in view of marks obtained in the examination up to post graduation and B.Ed. procedure of selection process,
(iii) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the Respondent authorities to regularize the service of the petitioner as teacher in view of law laid down by the Hon'ble Supreme Court in case of Jaggo V/s Union of India & others (SLP(C)5580/2024. judgment dated 20 December, 2024) by which the Hon'ble Supreme Court has directed for continuance of temporary employees with all consequential benefit.
(iv) For issuance of any other appropriate writ / writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case."
3. While advancing argument learned counsel for the petitioner submits that as per the terms of Selection and Appointment the petitioner was appointed only as a guest Teacher for a temporary period by way of an interim arrangement till such time the post could be filled up by a Patna High Court CWJC No.2494 of 2025(4) dt.11-05-2026 3/4 regular appointment. In paragraph-5 of the rejoinder filed by the petitioner the petitioner has stated as follows:
"5. That it is admitted fact that after following the due procedure the petitioner was appointed as Guest teacher on 11.07.2018 and contrary to the condition laid down in the Gazette notification, he has terminated on 28.03.2024 under impression that the post of Math teacher would be filled up but the fact is that till date the post of Math teacher in Sri Ram Govind Prasad Sah 10+2 High School, Byapur, Maner, District- Patna still vacant, the Certificate to this effect has been issued by the Principal of the College on 03.02.2026."
4. Thus, as per learned counsel for the petitioner the post on which the petitioner was working as guest teacher still continues to be vacant and no one has been appointed by way of regular appointment, he therefore submits that the termination order contained in Annexure-P/5 is improper and unsustainable in law and the same needs to be set aside.
5. In the impugned order dated 30.03.2024, which has been brought on record by way of Annexure-P/5 the reason for termination of the temporary appointment of the petitioner has been stated as follows:
"OkrZeku esa jkT; ds d{kk&09oha&10oha ds fy, 37847 ¼lSarhl gtkj vkB lkS lSrkyhl½ rFkk d{kk&11oha&12oha ds fy, 56891 ¼NIiu gtkj vkB lkS bD;kuCcs½ vFkkZr~ ek/;fed fo|ky;ksa esa dqy&94738 ¼pkSjkuCcs gtkj lkr lkS vMrhl½ f"k{kdksa dh fu;qfDr dj mUgsa fo|ky;ksa esa inLFkkfir fd;k tk pqdk gS rFkk os fo|ky;ksa esa dk;Zjr gSaA of.kZr fLFkfr esa vfrfFk f'k{kdksa dks lsok esa cuk;s Patna High Court CWJC No.2494 of 2025(4) dt.11-05-2026 4/4 j[kus dh dksbZ vko';drk ugha gSA "
6. Although the respondents-State has filed a counter affidavit in this case, but in the counter affidavit no averment has been made with regard to the above quoted reasons assigned in the impugned order dated 30.03.2024. Learned counsel for the respondents-State is therefore, directed to file a supplementary counter affidavit specifically responding to the reason assigned in impugned letter dated 30.03.2024 (Annexure-P/5) based on which the petitioner's service has been terminated. In the said supplementary counter affidavit the respondents-State will enclose documents to substantiate the reasons mentioned in the impugned termination order dated 30.03.2024. A copy of the said supplementary counter affidavit must be served in advance to the learned counsel for the petitioner who may file a reply to the same, if the petitioner so desire.
7. Put up this case on 06.07.2026.
(Alok Kumar Sinha, J) Prakash Narayan U