Patna High Court
Pradip Kumar,versusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The court held that the challenged provisions are not ultra‑vires or unconstitutional and dismissed the writ petition.
Summary
Four secondary school teachers filed a writ petition challenging Rule 5 and Rule 6(v)(b) & (d) of the Bihar State Senior Secondary School Head Master Rules, 2021, alleging that these provisions allowing direct appointment of headmasters were ultra‑vires, arbitrary and violative of Article 14 because they conflicted with the 2020 Rules which mandated promotion. The court examined the legislative competence and constitutional validity of the 2021 Rules, noting that the rules contain detailed qualification, experience, probation and departmental examination requirements and that seniority among headmasters is governed by the General Administration Department. Relying on the principle that a law can be struck down only for lack of competence or violation of fundamental rights, the court held that the challenged provisions were not unconstitutional. It also observed that the petitioners had not joined any of the headmasters appointed under the 2021 Rules as parties, rendering the petition non‑maintainable. Consequently, the writ petition was dismissed.
Issues considered
- Whether Rule 5 and Rule 6(v)(b) & (d) of the 2021 Head Master Rules are ultra‑vires, arbitrary or violative of Article 14 of the Constitution.
- Whether the appointment and posting process for headmasters under the 2021 Rules should be stayed pending the suit.
- Whether the petition is maintainable in the absence of the headmasters appointed under the challenged rules as parties.
Subjects
- appointment
- headmaster
- promotion
- ultra vires
- Article 14
- educational service rules
- constitutional validity
- writ petition
- senior secondary school
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12566 of 2025
======================================================
1. Pradip Kumar, S/o Deni Ram, R/o Village Ambedkar Nagar, P.S. District
Aurangabad at present posted as Secondary Teacher and working at Kamla
Devi High School, Khadiha, Block - Deo, District – Aurangabad.
2. Keshranjan Kumar, S/o Bachu Nandan Sharma, R/o Village Shamshernagar,
Daudnagar, District Aurangabad at present P.S. posted as Secondary Teacher
and working at High School, Shamshernagar, Block Daudnagar, District
Aurangabad.
3. Rambaran Ram, S/o Late Magni Ram, R/o Village - Chainpur, Ward No- 18,
P.O. and P.S. - Mejarganj, District - Sitamarhi, at present posted as
Secondary Teacher and working at Upgraded High School, Itharwa, Block-
Sonbarsa, District – Sitamarhi.
4. Poonam Kumari, D/o Ram Vilash Mahto, R/o Village Berta, P.O. Mush
Harniya, P.S. Sonbarsa, District - Sitamarhi, at present posted as Senior
Secondary Teacher and working at Mahanth Raghunath Das Girls plus 2
High School, Sitamarhi, Block -Dumra, District – Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Special Secretary, Education Department, Government of Bihar, Patna.
4. The Joint Secretary, Education Department, Government of Bihar, Patna.
5. The Deputy Secretary, Education Department, Government of Bihar, Patna.
6. The Director, Secondary Education, Education Department, Government of
Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar, Advocate
Mr. Mukesh Kumar Singh, Advocate
Mr. Shivam Kumar, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
======================================================
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 31-03-2026
This writ petition has been filed seeking for the
following relief(s):-
“(i) For issuance of a writ in the nature of
Certiorary or any other appropriate Writ/Order/Direction
to declare as Ultra-vires to the provisions contained in
Rule 5 and Rule 6(V)(b) and (d) of the Bihar State
Senior Secondary School Head Master (Appointment,
Transfer, Disciplinary Proceeding and Service
Condition) Rules, 2021 (hereinafter referred to as the
Head Master Rules, 2021), notified by Education
Department, Government of Bihar, Patna, vide
Notification No 11/Rule-01-02/2020-1338, dated
-18.08.2021, to the extent of recruitment and
appointment on the post of Head Master at Government/
National/Nationalised/Project Senior Secondary Schools
as the above-mentioned provisions are illegal, arbitrary,
unconstitutional and inconsonance with law/Rules made
by the Respondents themselves and further, kindly be
pleased to set-aside the impugned above-said provisions.
(ii) Further, for issuance of a writ in the nature
of Mandamus or any other appropriate
Writ/Order/Direction as consequential relief(s) to the
respondents to stay the appointment and posting process
against the post of Head Master at
Government/National/Nationalised/Project Senior
Secondary Schools till the final disposal of this writ
application.
Further, for any other order/ orders as your
Lordships for that the petitioners may be found to be
entitled to as per the facts and circumstances of the
present case.”
2. It is the case of the petitioners that the State
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Government came with new Rules for employment/appointment
of teachers at Government Secondary and Senior Secondary
Schools in the name of the Bihar District Board Secondary and
Senior Secondary School Teacher (Employment and Service
Condition) Rules, 2006 as well as Bihar Municipal Body
Secondary and Senior Secondary Teacher (Employment and
Service Condition) Rules, 2006 and both were notified on
11.07.2006 by the Human Resource Department, Government of
Bihar, Patna and in the aforesaid two Rules of 2006, provision
has been made for appointment of both trained and untrained
teachers at Government/National/Nationalized/Project
Secondary and Senior Secondary Schools. Rule-4 of 2006
provides for requisite qualification for appointment to the post
of Secondary and Senior Secondary School teacher and Rule-8
(iv) of 2006 Rules provide that the untrained teachers shall
appear their inservice teacher’s training within six years and
after completion of such training, they shall be provided the
salary of trained teachers.
3. It is the further case of the petitioners that they were
having the requisite qualification of graduate/post graduate and
after following due procedure, they were selected for
appointment as teachers and employment letters were issued in
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their favour and they all have passed the teacher’s training and
there is a due date of promotion to the post of Headmaster under
the provisions of 2020 Rules and the petitioners are working as
Incharge Headmasters at their respective Schools.
The case of the petitioners in challenging the aforesaid
two Rules as has been mentioned in the prayer portion is that
Rule-5 of 2021 Rules speaks about the direct appointment to all
the post of Headmaster and Rule-6(v)(b)(d) prescribes that a
minimum period of continuous service on the post of Secondary
teacher and Senior Secondary teacher in a School having
permanent affiliation from CBSE, ICSE and BSEB, as
experience for direct appointment to the post of Head Master.
According to the petitioners, this Rule is contrary to Rule-8 of
the Bihar District Board Secondary and Senior Secondary
School Service (Appointment Promotion, Transfer, Disciplinary
Proceeding and Service Condition), Rules, 2020 (hereinafter
referred to as ‘2020 Rules’), inasmuch as, Rule-8 of 2020 Rules
provide that all the post of Headmaster shall be filled up by
promotion for which the qualification has been provided in that
Rule itself.
4. The main contention is that when the promotion to
the post of Headmaster contained under Rule-8 of 2020 Rules is
Patna High Court CWJC No.12566 of 2025 dt.31-03-2026
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still in existence which provides that all the post of Headmaster
shall be filled by promotion, Rule-5 of Bihar State Senior
Secondary School Head Master (Appointment, Transfer,
Disciplinary Proceeding and Service Condition) Rules, 2021
provide for direct appointment to the post of Headmaster should
be struck down as it is running contrary to 2020 Rules.
5. On perusal of 2021 Rules, which is annexed to the
writ petition as Annexure-P/1, from the preamble, it appears that
to achieve universalization of education, it was decided to cover
all Panchayats which are without Secondary School with one
Senior Secondary School each. After the Senior Secondary
School has been established in all the Panchayats which are not
having the Secondary School, the upgraded Secondary Schools
established under the National Mission of Secondary education
are to be upgraded to Senior Secondary Schools.
From the preamble portion, it also appears that there is
a need of effective leadership at the school level for efficacious
management and improvement in the quality of education in the
said school and in order to achieve such objects, a new cadre of
Headmasters controlled by the State Government was to be
created which will create opportunity to those Secondary
teachers and Senior Secondary teachers working under
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Panchayati Raj Institution and Municipal Body Institution in
Senior Secondary Schools of State Government together with
the Secondary teachers and Senior Secondary teachers working
in the school having permanent affiliation from CBSE, ICSE
and BSEB with respect to appointment on the post of Head
Master. Thus 2021 Rules was framed with respect to
appointment on the post of Headmasters and their service
condition. In the 2021 Rules, in the definition portion, the
“Upgraded Secondary School” and “Upgraded Senior
Secondary School” have been defined.
So far as Rule-5 of 2021 Rules is concerned, it is stated
that direct appointment shall be made to all the post of
Headmaster. Rule-6 of 2021 Rules speaks about minimum
educational qualification for recruitment to the post of
Headmaster of the Senior Secondary School. So far as
experience of such applicants are concerned, it has also been
provided under Rule-6(v) of 2020 Rules as to what should be
their experience, if they are the teachers of different schools.
The minimum and maximum age of the teachers has also been
prescribed. Apart from reservation under Rule-7 of 2021 Rules,
the procedure of appointment of such Headmasters has been laid
down in Rule-8 of the 2020 Rules, which is as follows:-
“8. All posts of Head Master shall be
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filled by promotion, for which following
qualification shall be necessary.-(i) Minimum 10
years of continuous service from the date of joining
on the post of District Board Secondary Teacher or
from the date of acquiring of training qualification
(B.Ed/ B.A. Ed/ B.Sc Ed). whichever is later.
Or
Minimum 06 years of continuous service
from the date of joining on the post of District Board
Senior Secondary Teacher or from the date of
acquiring of training qualification (B.Ed/ B.A. Ed/
B.Sc Ed), whichever is later.
(ii) Post Graduate with at least 45% marks
from recognized university. For the Scheduled
Caste/Scheduled Tribe/Extremely Backward Class/
Backward Class/Persons with disabilities & women
5% relaxation shall be given in the minimum required
marks.
(ii) Qualified in Assessment (Efficiency
Test)/Teacher Eligibility Test.
(iv) As directed. Cleanliness Certificate of
three years prior to the year of promotion.”
Rule-9 deals with the verification of certificates and
Rule-10 deals with the probation period.
Rule-11 of 2021 Rules deals with departmental
examination, which is quoted hereinbelow:-
“11. Departmental Examination. The
Head Master shall have to qualify in the
departmental examination apart from the
completion of probation period satisfactorily and
successful completion of prescribed training. A
detailed guideline with respect to departmental
examination shall be issued separately after making
consultation with the Central Examination
Committee, Revenue Board, Bihar and
Administrative Department.”
Rule-12 and 13 deals with confirmation and seniority
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list, therefore, sufficient safeguards have been provided in 2021
Rules itself for direct appointment to the post of headmasters in
the Senior Secondary Schools.
6. In view of the eligibility criteria, the minimum
educational qualification, the procedure that has been laid down
for appointment of Headmaster and then keeping them on
probation for two years and requirement of passing of the
departmental examination before confirmation, we are of the
humble view that provisions cannot be said to be inconsistent
with any constitutional provision. Though the learned counsel
for the petitioner submitted that 2021 Rules has not taken care
of the seniority aspect of different teachers who will be
appointed to the post of Headmaster once they are appointed
and successfully completed the probation period as well as the
departmental examination and got confirmed but in view of
Rule-13 of 2021 Rules, we find that the inter se seniority of the
Headmaster is to be governed by the principle determined by the
General Administration Department, and the Seniority List of
the Headmasters in Senior Secondary Schools shall be
maintained at the divisional level.
Therefore, the purpose for which this 2021 Rules has
been enacted and new cadre of Headmasters has been created,
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we are of the view that it cannot be said that the authorities
either lacks legislative competence or there is violation of any
fundamental rules or it is arbitrary and irrational, failing to meet
the standard of Article 14 of the Constitution of India.
In the case of State of Andhra Pradesh and Ors. -Vrs.-
McDowell and Co. and Ors. reported in 1996 (3) Supreme
court cases 709, it has been held that a law made by the
Parliament or the Legislature can be struck down by courts on
two grounds and two grounds alone that is (i) lack of legislative
competence (ii) violation of any of the fundamental rights
guaranteed in part III of the constitution or of any other
constitutional provision. There is no third ground. If an
enactment is challenged as violative of Article 14 of the
constitution, it can be struck down only if it is found that it is
violative of the equality clause/equal protection clause
enshrined therein. No enactment can be struck down by just
saying that it is arbitrary or unreasonable. An enactment cannot
be struck down on the ground that the Court thinks it is
unjustified. The Parliament and the Legislature are supposed to
know and be aware of the needs of the people and what is good
and bad for them. The Court cannot sit in judgment over their
wisdom.
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Therefore, we are of the view that the grounds on
which the validity of two specific provisions i.e Rule-5 and
Rule-6(v)(b) and (d) of 2021 Rules have been challenged, are
not sustainable in the eyes of law.
7. Learned Advocate General submits that in terms of
2021 Rules, appointments have already been made in the
meantime and the petitioners have not arrayed any of the
Headmaster, so appointed, as party to the writ petition.
8. Considering the submission of the learned counsel
for the respective parties, we feel that such Headmasters are the
necessary parties and since they have not been arrayed as parties
and the constitutional validity of the Rules which have been
challenged are not sustainable in the eyes of law, therefore, the
writ petition being devoid of any merit, stands dismissed.
9. Pending I.A., if any, stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
ranjan/-
AFR/NAFR AFR
CAV DATE NA
Uploading Date 01.04.2026
Transmission Date NA
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