Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court held that the respondents must honour the DAA orders and issue a final decision on the appointment of the petitioners within twelve weeks.
Summary
The petitioners, a group of 43 candidates, sought appointment as primary and middle school teachers in Nalanda district after being selected by the District Appellate Authority (DAA) in 2011 and again in 2015. Despite the DAA orders directing the education authorities to complete the appointment process, the State of Bihar and its education officials failed to issue appointment letters, citing procedural delays, the 2024 parliamentary elections, and the advent of new teacher recruitment rules in 2023. The petitioners filed a writ petition alleging wilful non‑compliance and a fine of Rs 25,000 was imposed on the authorities under the Bihar State School Teachers and Employees Grievance Redressal Rules, 2020. The High Court observed that the earlier DAA orders remained valid and had not been legally modified, and that the petitioners could not be left in limbo due to administrative inertia. Consequently, the Court directed the Director of Primary Education, Bihar, to take a final decision on the selection and appointment of the petitioners within twelve weeks of receiving the order, and disposed of the writ petition.
Issues considered
- Whether the respondents are bound to comply with the District Appellate Authority orders dated 02‑09‑2011 and 09‑12‑2015 despite subsequent changes in recruitment rules.
- Whether the non‑issuance of appointment letters amounts to administrative failure warranting judicial intervention.
- Effect of the Bihar State School Teachers and Employees Grievance Redressal Rules, 2020 and the 2023 recruitment notification on earlier DAA orders.
Subjects
- teacher recruitment
- appointment delay
- District Appellate Authority
- administrative law
- writ petition
- grievance redressal rules
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1122 of 2025
======================================================
1. Vikash Kumar S/o Late Awadhesh Prasad Singh, Resident of Village- Patel
Nagar, Mohanpur, P.O. and P.S. and District- Nalanda. (Application Sl. No.-
621, Merit list Sl. No.-258).
2. Veena Kumari, D/o- Mithilesh Singh, Resident of Village- Mahrogoraiya,
P.O.- Sanda, P.S.- Islampur, District- Nalanda. (Application Sl. No.- 10356,
Merit list Sl. No.-8015).
3. Rina Kumari, D/o- Bhagat Prasad, Resident of Mohalla- Naisarai, P.O.-
Biharsharif, P.S.- Bihar, District- Nalanda. (Application Sl. No.- 8014, Merit
list Sl. No.-10355).
4. Amar Kumar, S/o- Rameshwar Paswan, Resident of Village- Bauridih, P.O.-
Baurisarai, P.S.- Khudaganj, District- Nalanda. (Application Sl. No.- 14157,
Merit list Sl. No.-11260).
5. Jyoti Kumari, D/o- Rajendra Yadav, Resident of Village- Tahbal Bigha, P.O.-
Sanda, P.S. Islampur, District- Nalanda. (Application Sl. No.- 8448, Merit
list Sl. No.- 6400).
6. Anita Kumari, W/o- Rakesh Kumar, Resident of Village Saroj, P.O.- Bidauli,
P.S.- Masauri, District- Patna. (Application Sl. No.- 538, Merit list Sl. No.-
222).
7. Nirkala Kumari, D/o- Krishna Prasad, Resident of Village- Gwaspur, P.O.-
Khirouti, P.S.- Parawalpur, District- Nalanda. (Application Sl. No.- 11031,
Merit list Sl. No.- 8599).
8. Rajiv Kumar, S/o- Bhagwat Singh, Resident of Village- Gulab Nagar, P.O.-
Atma, P.S.- Islampur, District- Nalanda. (Application Sl. No.- 4655, Merit
list Sl. No.- 3252).
9. Ashok Kumar, S/o- Budhdeo Prasad, Resident of Village- Mahrogoraiya,
P.O.- Sanda, P.S.- Islampur, District- Nalanda. (Application Sl. No.- 9929,
Merit list Sl. No.- 7643).
10. Sunita Sinha, D/o- Mahendra Prasad, Resident of Village Mozaffra, P.O.-
Bardih, P.S.- Islampur, District- Nalanda, (Application Sl. No.- 855, Merit
list Sl. No.- 419).
11. Vinay Kumar, S/o- Devendra Prasad Singh, Resident of Village- Nisanpura,
P.O.- Narayanpur, P.S. Ekangarsarai, District- Nalanda. (Application Sl. No.-
15240, Merit list Sl. No.- 12266).
12. Niranjan Kumar, S/o- Kapil Prasad, Resident of Mohalla- Satyarganj, P.O.
and P.S.- Islampur, District- Nalanda. (Application Sl. No.- 15241, Merit list
Sl. No.- 12267).
13. Sarika Kumari, W/o- Pankaj Kumar, Resident of Mohalla- Malik Sarai, P.O.
and P.S.- Islampur, District- Nalanda. (Application Sl. No.- 1820, Merit list
Sl. No.- 1087).
14. Tarunshish, S/o- Ramashish Kumar, Resident of Village Herthu, P.O.-
Khudaganj, P.S.- Islampur, District- Nalanda. (Application Sl. No.- 550,
Merit list Sl. No.- 229).
15. Abhishek, S/o- Arvind Kumar, Resident of Village- Daman Khandha, P.O
Patna High Court CWJC No.1122 of 2025 dt.19-01-2026
2/8
and P.S. and District- Nalanda. (Application Sl. No.- 452, Merit list Sl. No.-
165).
16. Om Prakash, S/o- Pyare Mistri, Resident of Village- Mahuvari Milki, P.O.-
Murgaon, P.S.- Islampur, District- Nalanda. (Application Sl. No.- 4658,
Merit list Sl. No.- 3255).
17. Mrityunjay Kumar, S/o- Muneshwar Prasad, Resident of Village- Gudru,
P.O.- Sanda, P.S.- Islampur, District- Nalanda. (Application Sl. No.- 9470,
Merit list Sl. No.- 7273).
18. Mamata Kumari, D/o- Kishori Prasad, Resident of Village and P.O.-
Aungari, P.S.- Ekangarsarai, District- Nalanda. (Application Sl. No.- 15245,
Merit list Sl. No.- 12271).
19. Kundan Kumar, S/o- Gopal Prasad, Resident of Mohalla Satyarganj, P.O and
P.S.- Islampur, District- Nalanda. (Application Sl. No.- 489, Merit list Sl.
No.- 190).
20. Kumari Punam @ Punam Kumari, W/o- Bipin Kumar, Resident of Village-
Nona, P.O. and P.S. and District- Nalanda. (Application Sl. No.- 464, Merit
list Sl. No.- 173).
21. Sunita Kumari, D/o- Birendra Prasad, Resident of Village- Sherpur, P.O.-
Daruara, P.S.- Noorsarai, District- Nalanda. (Application Sl. No.- 3824,
Merit list Sl. No.-2562).
22. Pinki Kumari, D/o- Indardeo Singh, Resident of Village- Dhamauli, P.O.-
Margaon, P.S.- Islampur, District- Nalanda. (Application S1. No.- 747, Merit
list Sl. No.- 339).
23. Aarti Kumari, W/o- Brajesh Kumar Sinha, Resident of Village and P.O.-
Jagai, P.S.- Ekangarsarai, District- Nalanda. (Application Sl. No.- 11474,
Merit list Sl. No.- 8981).
24. Kumari Nirma, D/o- Mohan Prasad, Resident of Mohalla- Dangi Tola, P.O.
and P.S.- Rajgir, District- Nalanda. (Application Sl. No. 876, Merit list Sl.
No.-431).
25. Pranita Kumari, W/o- Ram Pravesh Kumar, Resident of Village- Tarapur,
P.O. and P.S.- Ekangarsarai, District- Nalanda. (Application Si. No.- 11048,
Merit list Sl. No.- 8612).
26. Indu, W/o- Dinesh Kumar, Resident of Mohalla- Devariya, P.O.- Jehanabad
Court, P.S. and District- Jehanabad. (Application Sl. No.- 824, Merit list Sl.
No.- 395).
27. Md. Afroz Alam, S/o- Md. Halim Uddin, Resident of Mohalla- Gajasarai,
P.O. and P.S.- Islampur, District- Nalanda. (Application Sl. No.- 575, Merit
list Sl. No.- 244).
28. Uday Kumar, S/o- Rampravesh, Resident of Village- Mahadeo Bigha, P.O.-
Chandhari, P.S.- Islampur, District- Nalanda. (Application Sl. No.- 15242,
Merit list Sl. No.- 12268).
29. Juli Jyoti Sinha, D/o- Upendra Prasad, Resident of Village and P.O.- Bardih,
P.S.- Islampur, District- Nalanda. (Application Sl. No. 9225. Merit list Sl.
No.- 7064).
30. Vinita Kumari, W/o- Ashiwini Kumar, Resident of Village and P.O.- Badai,
P.S.- Islampur, District- Nalanda. (Application Sl. No. 11410, Merit list Sl.
Patna High Court CWJC No.1122 of 2025 dt.19-01-2026
3/8
No.- 8927).
31. Shambhu Pandey, S/o- Surendra Pandey, Resident of Village Lohadi, P.O.-
Sohsarai, P.S.- Noorsarai, District- Nalanda. (Application Sl. No.- 14019,
Merit list Sl. No.- 11155).
32. Anita Kumari, D/o- Surendra Prasad, Resident of Mohalla- Chhoti Bazar
Mogalpura, P.O.- Jhauganj, P.S.- Khajekalan, District- Patna. (Application
Sl. No.- 11413, Merit list Sl. No.- 8930).
33. Vinay Kumar, S/o- Kamta Prasad, Resident of Village- Janakpur, P.O.-
Mahmuda, Khodaganj, P.S. Islampur, District- Nalanda. (Application Sl.
No.- 3440, Merit list Sl. No.- 2269).
34. Sulekha Kumari, W/o- Rajiv Ranjan Kumar, Resident of Village-
Chandapur, PO.- Khushalpur, P.S.- Telhara, District- Nalanda. (Application
Sl. No.- 10609, Merit list Sl. No.- 9100).
35. Nazanin, W/o- Md. Erfan Alam, Resident of Mohalia- Rana Pratap Nagar,
P.O. and P.S.- Islampur, District- Nalanda. (Application Sl. No.- 864, Merit
list Sl. No.- 425).
36. Ladli Khatoon, D/o- Md. Akhtar Alam, Resident of Mohalla- Satayarganj,
P.O. and P.S.- Islampur, District- Nalanda. (Application Sl. No.- 11029,
Merit list Sl. No.- 8597).
37. Rinku Kumari, D/o- Naresh Prasad, Resident of Village and P.O. Sohsarai,
P.S.- Biharsharif, District- Nalanda. (Application Sl. No. 632, Merit list Sl.
No.- 265).
38. Mukesh Kumar, S/o- Vishnu Dev Paswan, Resident of Village- Chamhera,
P.O.- Oriyawan, P.S.- Ekangarsarai, District- Nalanda. (Application Sl. No.-
9362, Merit list Sl. No.- 7179).
39. Viswajeet Paswan, S/o- Dukhan Paswan, Resident of Village and P.O.-
Chhatiyana, P.S.- Harnaut, District- Nalanda. (Application Sl. No.- 440,
Merit list Sl. No. 157).
40. Kumari Rekha, W/o- Bhartendu Kumar, Resident of Village- Taraura, P.O.-
Pir Badhauna, P.S.- Daniyawan, District- Patna. (Application Sl. No.- 410,
Merit list Sl. No.- 147).
41. Manish Kumar, S/o- Basudeo Chaudhari, Resident of Village- Irki, P.O. and
P.S. and District- Jehanabad. (Application Sl. No.- 15243, Merit list Sl. No.-
12269).
42. Shiv Shankar Chaudhari, S/o- Baiju Chaudhari, Resident of Village-
Nawabganj, P.O.- Chhariyari, P.S.- Makhdumpur, District- Jehanabad.
(Application Sl. No.- 12270, Merit list Sl. No.- 15244).
43. Md. Shamim Haidar, S/o- Md. Hasnain Haidar, Resident of Village- Sidhari,
P.O.- Sidhari, P.S.- Islampur, District- Nalanda. (Application Sl. No.- 11009,
Merit list Sl. No.- 8581).
... ... Petitioner/s
Versus
1. The State of Bihar through its The Additional Chief Secretary cum The
Principal Secretary, Education Department, Government of Bihar, Patna.
2. The Additional Chief Secretary cum The Principal Secretary, Education
Patna High Court CWJC No.1122 of 2025 dt.19-01-2026
4/8
Department, Government of Bihar, Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The Joint Secretary, Education Department, Bihar, Patna.
5. The District Magistrate, Nalanda.
6. The District Education Officer, Nalanda.
7. The District Programme Officer (Establishment), Nalanda.
8. The Block Development Officer, Islampur, District- Nalanda.
9. The Block Education Officer, Islampur, District- Nalanda.
10. The Executive Officer-cum-Block Panchayat Raj Officer, Islampur, District-
Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Singh, Adv.
For the Respondent/s : Mr. Standing Counsel (15)
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 19-01-2026
Heard the parties.
2. The petitioners have approached this Court seeking
compliance of the order dated 02.09.2011 and consequential
order dated 09.12.2015 which came to be passed by the learned
District Appellate Authority, Nalanda, Biharsharif with respect
to selection of the petitioners on the post of teachers in Primary
as well as Middle School in the District of Nalanda.
3. Learned Advocate for the petitioners submitted that
despite all the formalities of the counseling having been done by
the authorities when no final decision was taken with respect to
the selection of the petitioner, they approached before the learned
District Appellate Authority. The Appellate authority on being
Patna High Court CWJC No.1122 of 2025 dt.19-01-2026
5/8
satisfied with the case of the petitioners vide order dated
02.09.2011 directed the respondents to take further action
according to rules and regulations. Notwithstanding the order
afore-noted, when no action was taken, the petitioner again
moved before the District Appellate Authority for non-
compliance of the order dated 02.09.2011. The District
Appellate Authority accordingly passed the order on
09.12.2015, directing the District Education Officer to complete
the process of selection.
4. Taking this Court through the afore-noted orders, it
is further contended that irrespective of the order of the District
Appellate Authority, the respondent employment unit has not
proceeded further and completed the process of appointment,
which compelled the petitioner to again approach before the
learned District Appellate Authority. On 19.10.2024 the
Appellate Authority also imposed a fine of Rs. 25,000/- under
the provision of the Bihar State School Teachers and Employees
Grievance Redressal Rules, 2020, especially in terms with Rule
16(2).
5. A counter affidavit has been filed on behalf of the
State Authorities and in sum and substance, it is submitted that
in pursuance to the direction of the District Appellate Authority,
Patna High Court CWJC No.1122 of 2025 dt.19-01-2026
6/8
a meeting of the Block Teacher Employment Committee was
held on 21.12.2015 in which final merit list of the candidates
prepared and counseling was approved and decided to distribute
appointment letters amongst selected candidates as per the
vacancies and following the Roster serial and Roster point, but
for the reasons best known to the Block Teacher Employment
Committee, the appointment letters could not be distributed.
Again when the matter has been brought to the knowledge of
the District Teachers Appellate Tribunal, the meeting was
convened by the Block Teachers Employment Committee on
27.06.2024, in which it is pointed out that due to Parliamentary
Election, 2024 and existing model code of conduct delay has
been caused. In course of discussion it has also been pointed out
that as per guidelines enumerated in Clause 19(1) of
Notification No. 11/rules 01-02.2023 743/ 9, dated 10.04.2023
issued by the Education Department, no further appointment
would be undertaken after issuance of the said notification. In
view of the above circumstances, the authorities also sought a
guidelines from the District Education Officer.
6. On account of subsequent development and coming
into force of the subsequent rules, the appointment of the
petitioners could not be made till date.
Patna High Court CWJC No.1122 of 2025 dt.19-01-2026
7/8
7. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the fact that the order of the District Appellate Authority was
passed way back in the year 2011 and subsequently in the year
2015, when the earlier order has not been complied. This is
nothing but sheer latches on the part of the employment unit and
in the meantime, subsequent development has taken place due to
coming into force of new rules, specially Rules, 2023, for that
the petitioners cannot be made to suffer. It is also the admitted
position that till date the order of the District Appellate
Authority has neither been questioned before any of the
appropriate forum or appellate authority nor modified on
account of subsequent development. In such circumstances, the
authorities are required to take a final decision. The fate of the
petitioners cannot be kept in lurch.
8. In view thereof, this Court directs the Director,
Primary Education, Bihar, Patna to look into the matter and take
a final decision with respect to the selection/appointment of the
petitioner in view of the order passed by the District Appellate
Authority. It is expected that final decision must be taken
preferably within a period of 12 weeks’ from the date of
receipt/production of a copy of this order.
Patna High Court CWJC No.1122 of 2025 dt.19-01-2026
8/8
9. The writ petition stands disposed off.
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.01.2026
Transmission Date NA
Checking your session…