Patna High Court
Rajiv Kumar Ranjan alias Rajeev Kumar RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court declined to grant mandamus and instead directed the petitioner to file a representation and the District Education Officer to decide the matter within a stipulated time.
Summary
The petitioner, a trained graduate teacher, filed a writ of mandamus seeking compulsory promotion to the post of Headmaster. He relied on a letter from the Block Education Officer recommending his promotion and a prior memorandum. The respondent State raised no objection to the limited prayer. The Court, noting the procedural nature of the request, declined to issue mandamus and instead granted the petitioner liberty to file a representation before the District Education Officer within one month. The Court directed the District Education Officer to dispose of the representation within three months, after a hearing, and to issue a reasoned order. If the representation is found in the petitioner's favour, the promotion must be effected within an additional three months. The writ application was therefore disposed with these directions.
Issues considered
- Whether the petitioner is entitled to promotion to Headmaster under the applicable education service rules.
- Whether a writ of mandamus is the appropriate remedy for the alleged denial of promotion.
- Whether the petitioner must first file a representation before the District Education Officer before mandamus can be entertained.
Subjects
- promotion
- headmaster
- writ of mandamus
- education service
- representation
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1597 of 2026
======================================================
Rajiv Kumar Ranjan alias Rajeev Kumar Ranjan Son of Mahesh Prasad
Sinha, Resident of Village- Bhithi, Post Office- Bhithi, Police Station-
Goriyakothi, District- Siwan. At present posted and working as Assistant
Teacher in Government Up-graded Middle School, Shaidabad, Anchal-
Pachrukhi, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Education Department, Government of Bihar,
Vikash Bhawan, Patna.
3. The Director, Primary Education, Government of Bihar, Vikash Bhawan,
Patna.
4. The District Magistrate, District- Siwan.
5. The Regional Deputy Director of Education, Saran Division, Chapra.
6. The District Education Officer, District- Siwan.
7. The District Education Officer-cum-Chairman District Teacher Promotion
Committee, District- Siwan.
8. The District Programme Officer Establishment, Education, District- Siwan.
9. The District Programme Officer Establishment, Education-cum-Member
Secretary, District Teacher Promotion Committee, District- Siwan.
10. The Block Education Officer, Pachrukhi, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Angad Kunwar, Adv
For the Respondent/s : Mr. Hitesh Suman, AC to Standing Counsel (13)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. The petitioner has filed this writ application for
issuance of writ of mandamus for directing the respondents to
Patna High Court CWJC No.1597 of 2026(2) dt.03-02-2026
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promote the petitioner on the post of Headmaster as the
petitioner is Trained Graduate Teacher.
4. During the course of argument, learned counsel for
the petitioner has drawn attention of this Court to Annexure P/4
which is a letter no. 317 dated 31.05.2025. Learned counsel for
the petitioner submits that this is a letter written by the Block
Education Officer, Pachrukhi, Siwan to the District Education
Officer, Siwan to promote the petitioner in light of order dated
24.05.2025 contained in Memo No. 451. Learned counsel for
the petitioner further submits that the petitioner may be
permitted to file a representation before the District Education
Officer, Siwan in light of letter no. 317 dated 31.05.2025
(Annexure-P/4) and appropriate direction be issued to the
District Education Officer, Siwan to dispose of the same within
a fixed time frame, after giving an opportunity of hearing to the
petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of granting liberty to the petitioner to file a
Patna High Court CWJC No.1597 of 2026(2) dt.03-02-2026
3/3
representation before the District Education Officer, Siwan
within one month from today and if such a representation is
filed within the stipulated time then the District Education
Officer, Siwan is directed to dispose of the same within a
period of three months from the date of receipt of the
representation, after giving an opportunity of hearing to the
petitioner. Needless to emphasize that the final order which shall
be passed by the District Education Officer, Siwan should be a
reasoned and speaking order. It is made clear that in case, the
petitioner is found entitled to the relief which the petitioner
would be claiming through the representation, the same should
be extended to the petitioner within a further period of three
months from the date of passing of the final order by the
District Education Officer, Siwan.
7. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kiran/-
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