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Patna High Court

Jitendra Kumar SahversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

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
        Patna High Court CWJC No.13102 of 2016(13) dt.19-01-2026
                                                   5/5




                 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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