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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
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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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