Patna High Court
Jitendra Kumar SahversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ is dismissed because the petitioner failed to exhaust the statutory appeal and did not challenge the approval letter, rendering the relief untenable.
Summary
The petitioner, Jitendra Kumar Sah, filed a writ seeking his appointment as Assistant Teacher by terminating the appointment of Surendra Kumar Thakur. The respondents, including the State of Bihar and the Bihar Sanskrit Shiksha Board, argued that the petitioner had not challenged the Board's approval letter dated 29‑01‑2016 and had not exhausted the alternative remedy of filing an appeal before the Special Secretary under Rule 8(4) of the 2015 Teachers Service Conditions Rules. The petitioner contended that he was unaware of the approval letter until it was produced in a counter‑affidavit in 2023, and therefore could not appeal. The Court held that the approval letter was on record and the petitioner’s failure to challenge it or pursue the statutory appeal barred the writ. Consequently, the writ petition was dismissed, and no order directing the appointment was made.
Issues considered
- The writ petition’s maintainability when the petitioner did not challenge the Board’s approval letter.
- Whether the petitioner must exhaust the alternative remedy of an appeal before the Special Secretary under Rule 8(4) before approaching the High Court.
- Whether the court can direct the termination of an existing appointment in the absence of a challenge to the approval.
Subjects
- appointment
- writ jurisdiction
- alternative remedy
- exhaustion of remedies
- teacher appointment
- Bihar Sanskrit Shiksha Board
- Rule 8(4)
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13102 of 2016
======================================================
Jitendra Kumar Sah son of Sh. Ram Ayodhya Prasad Sah Resident of Village -
Simra, Post - Mansoor Pur, Police Station and District - Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Director, Primary Education, Government of Bihar, Patna
3. The Bihar Sanskrit Shiksha Board through the Secretary, House No. - 17,
Behind of Harding Road, nea
4. The Chairman, Bihar Sanskrit Shiksha Board, House No. - 17, Behind of
Harding Road, near Chitkohra
5. The Secretary, Bihar Sanskrit Shiksha Board, House No. - 17, Behind of
Harding Road, near Chitkohra
6. Surendra Kumar Thakur son of Sh. Jamadar Thakur resident of Village and
Post - Chakahlad, Via - Balukaram, Police Station and District - Vaishali, Pin
- 844113.
7. Managing Committee, Primary -Cum-Middel Sanskrit School, Alhadadpur,
Vaishali.
8. Bihar School Examination Board, Patna through its Secretary.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Adv
For the State Mr. Kumar Alok, Adv
For the Respondent no.6 : Mr. Alok Kumar, Adv
For the Respondent no. 7 Mr. Pranav Kumar, Adv
For the BSEB Mr. Vipin Kumar, Adv
For Sanskrit Siksha Board Mr. Sashank Shekhar Jha, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
13 19-01-2026 Heard the parties.
2. The petitioner in the present writ application is
prayed for the following reliefs:-
After some argument was advanced by the learned
counsel for the petitioner, learned counsel appearing for the
private respondent no. 6 and learned counsel appearing for
Patna High Court CWJC No.13102 of 2016(13) dt.19-01-2026
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respondent/ Bihar Sanskrit Shiksha Board raised objection
regarding maintainability on the following counts;-
(i) The appointment of the respondent no. 6 has been
approved by the Bihar Sanskrit Shiksha Board vide letter no.
250 dated 29.01.2016 which has been brought on record by way
of Annexure-G to the counter affidavit filed by the Bihar
Sanskrit Shiksha Board and the said approval letter dated
29.01.2016 has not been challenged in the present writ
application.
(ii) In terms of Rule 8(4) of Bihar State Non
Government Recognized Sanskrit School(up to Madhyama
Standard) Teachers Service Conditions Rules 2015, the
petitioner had alternative remedy of challenging the
appointment of the private respondent as well as approval
granted by the Bihar Sanskrit Shiksha Board by filing an appeal
before the Special Secretary, Secondary Education in terms of
the said rule read with order dated 27.08.2018 passed in CWJC
No. 12647 of 2014 ( Annexure- R-6/J to the counter affidavit
filed by the respondent no.6 to the third supplementary counter
affidavit filed by respondent no. 6), which has not been done
and directly this writ has been filed.
3. To the aforesaid objections raised by learned
Patna High Court CWJC No.13102 of 2016(13) dt.19-01-2026
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counsel appearing for the respondent no. 6 at the time of filing
of writ and Bihar Sanskrit Shiksha Board, learned counsel for
the petitioner submits that approval granted by the Board vide
letter no. 250 dated 29.01.2016 was never brought to the notice
of the petitioner and for the first time the said letter has been
brought on record by filing the counter affidavit on 29.04.2023.
It is due to this reason that the petitioner could not challenge the
said letter granting approval to the appointment of private
respondent no. 6 at the time of filing of writ. He further submits
that the petitioner has given his comments against the said letter
dated 29.01.2016 by filing a reply of the rejoinder to the counter
affidavit filed by the Bihar Sanskrit Shiksha Board.
4. To the other objection regarding not filing an
appeal before the Special Secretary, Secondary Education in
terms of Rule 8 (4) of Bihar State Non Government Recognized
Sanskrit School(up to Madhyama Standard) Teachers Service
Conditions Rules 2015, he submits that since the order granting
approval to the appointment of respondent no. 6 was not given
to the petitioner therefore, the petitioner could not file an appeal
before the Special Secretary, Secondary Education.
5 Having heard the parties, this Court is of the view
that even if it is believed that the letter no. 250 dated 29.01.2016
Patna High Court CWJC No.13102 of 2016(13) dt.19-01-2026
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granting approval to the appointment of private respondent was
not given to the petitioner, there is no denying the fact that this
letter was brought on record by way of counter affidavit filed by
Bihar Sanskrit Shiksha Board in the year 2023 and even then
the petitioner never bothered to challenge the same and neither
sought liberty to challenge said letter, for filing an appeal before
the Special Secretary, Secondary Education in terms of Rules 8
(4) of Bihar State Non Government Recognized Sanskrit
School(up to Madhyama Standard) Teachers Service Conditions
Rules 2015 read with order dated 27.08.2018 passed in CWJC
No. 12647 of 2014. Even Today, when this Court suggested the
petitioner to avail the alternative remedy available before the
Special Secretary Secondary, Education, learned counsel for the
petitioner declined the same and requested this court to proceed
for deciding the case on merit. Meaning thereby, that the
petitioner is not willing to avail the alternative remedy of appeal
available to the petitioner before the Special Director,
Secondary Education.
6. In the light of the facts and circumstances discussed
above, this writ application is dismissed for the reasons that the
relief sought for, by the petitioner of directing the respondent
to appoint the petitioner by terminating the respondent no. 6
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Surendra Kumar from the post of Assistant Teacher Primary
cum Middle Sanskrit School, Alhadadpur, Vaishali cannot be
granted in absence of challenge to the letter no. 250 dated
29.01.2016 issued by the Bihar Sanskrit Shiksha Board by
which the Board has approved the appointment of the private
respondent on the post of Assistant Teacher Primary cum
Middle Sanskrit School, Alhadadpur, Vaishali .
7. This writ application is dismissed in the aforesaid
terms.
(Alok Kumar Sinha, J)
N.K/-
U
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