Patna High Court
Niraj Kumar BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court set aside the orders of both the District and State Appellate Authorities and directed the District Appellate Authority to re‑adjudicate the petitioners' claims on merit.
Summary
The petitioners, selected as Panchayat Teachers in 2008, submitted joining reports which were not accepted by the Block Education Officer. They appealed to the District Teacher's Appointment Appellate Authority in 2011 and later to the State Appellate Authority, which dismissed their appeals on technical grounds without addressing merits. The District Appellate Authority also dismissed their applications, citing the earlier State Authority order. The petitioners argued that the earlier dismissals were mechanical and that the District Authority should be allowed to hear the merits, citing a coordinate bench decision (C.W.J.C. No.16599 of 2025). The High Court, seeking uniformity, set aside both the District and State Appellate Authority orders and directed the District Appellate Authority to re‑adjudicate the petitions on merit within three months. All writ petitions were allowed.
Issues considered
- The District Appellate Authority's jurisdiction to entertain the petitions after dismissal by the State Appellate Authority.
- Whether the refusal of the Block Education Officer to accept the petitioners' joining can be set aside.
- Whether the petitioners' delay bars any relief.
- The need for uniformity in handling similar petitions across the district.
Subjects
- Panchayat Teacher appointment
- Appellate authority jurisdiction
- Delay in filing
- Uniformity of judicial decisions
- Writ petition
- Education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16669 of 2025
======================================================
1. Dakshineshwar Prasad Rai S/o Fanishwar Nath Renu, R/o Vill. and P.O.
Aurahi Hingna, P.S. Simraha, District- Araria.
2. Sanjeev Kumar S/o Ashok Kumar Pandit, R/o Vill. and P.O. Gitwas, P.S.
Raniganj, District-Araria.
3. Pintu Kumar Paswan S/o Bindeshwari Paswan, R/o Vill. and P.O.
Madhulatta, P.S. Raniganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Director, Primary Education Deptt., Govt. of Bihar, Patna.
3. The District Magistrate, District - Araria.
4. The District Education Officer, District - Araria.
5. The District Program Officer, (Establishment), Dist - Araria.
6. The Block Education Officer, Raniganj. District- Araria
7. Mukhiya, Gram Panchayat Raj Mazhua Pashchim, Block -Raniganj, District
- Araria.
8. Panchayat Secretary, Gram Panchayat Raj Mazhua, Pashchim, Block-
Raniganj, District - Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16673 of 2025
======================================================
1. Rajeev Kumar Raj S/o Umesh Prasad Sah, R/o Vill. and P.S. Raniganj, P.O.
Meriganj, District- Araria.
2. Priyanka Kumari D/o Lalan Prasad Bhagat, R/o Sadar Road, Ward No. 11,
Forbesganj, P.S. - Forbesganj, District- Araria.
3. Pinki Kumari D/o Ramvilas Paswan, R/o Vill. Bairakh, P.O. Koshkapur, P.S.
Raniganj, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Director Primary Education, Department of Education, Govt. of Bihar,
Patna.
3. The District Magistrate, District - Araria.
4. The District Education Officer, District - Araria.
Patna High Court CWJC No.16669 of 2025 dt.22-01-2026
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5. The District Program Officer, (Estab), District- Araria.
6. The Block Education Officer, Raniganj, District- Araria
7. Mukhiya, Gram Panchayat Raj Koshkapur Dakshin, Block Raniganj,
District - Araria.
8. Panchayat Secretary, Gram Panchayat Raj Koshkapur Dakshin, Block-
Raniganj, District - Araria
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16692 of 2025
======================================================
1. Niraj Kumar Bhagat S/o Late Ramji Prasad Bhagat, R/o Ward No.14, Shiv
Mandir Road, Near Central Public School, Forbesganj, District- Araria.
2. Bibi Nuzhat Parween, D/o Md. Kafiluddin, R/o Vill. and P.O- Dhama, P.S.
Raniganj, District- Araria.
3. Krishna Kumar, S/o Yogendra Paswan, R/o Vill., P.O. and District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Director Primary Education, Department of Education, Govt. of Bihar,
Patna.
3. The District Magistrate, District- Araria.
4. The District Education Officer, District- Araria.
5. The District Program Officer, (Estab), District- Araria.
6. The Block Education Officer, Raniganj, District- Araria.
7. The Panchayat Niyojan Unit, Mukhiya Gram Panchayat Raj Dhama,
Raniganj, Dist- Araria through the Panchayat Secretary, Gram Panchayat Raj
Dhama, Raniganj, Araria.
8. The Mukhia, Gram Panchayat Raj Dhama, Raniganj, Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16849 of 2025
======================================================
1. Sunita Kumari D/o Raj Kumar Sah, R/o College Chowk Forbesganj, P.S.
Forbesganj, District- Araria.
2. Md. Farooque, S/o Babar Ali, R/o Vill. Jagta Kharsahi, P.S. Raniganj,
District- Araria.
3. Mamta Kumari, D/o Yogendra Prasad Mehta, R/o Vill. Madhulatta, P.S.
Patna High Court CWJC No.16669 of 2025 dt.22-01-2026
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Raniganj, District- Araria.
4. Rahul Kumar, S/o Late Vijay Kumar Prasad, R/o Vill. - Maharaja College,
Uttari Nawada, District- Araria.
5. Priyanka Kumari, D/o Bhupendra Prasad Ram, R/o vill.- Renu Gaon,
Aurahi, Simraha, District- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Director Primary Education, Department of Education, Govt. of Bihar,
Patna.
3. The District Magistrate, District- Araria.
4. The District Education Officer, District- Araria.
5. The District Program Officer, (Estab), District- Araria.
6. The Block Education Officer, Raniganj, District- Araria.
7. The Panchayat Niyojan Unit, Mukhiya Gram Panchayat Raj Gunwanti,
Raniganj, District- Araria through the Panchayat Secretary, Gram Panchayat
Raj Gunwanti, Raniganj, Araria.
8. The Mukhia, Gram Panchayat Raj Gunwanti, Raniganj, Araria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16872 of 2025
======================================================
1. Abdhesh Kumar Mandal S/o Madan Lal Mandal, R/o vill.- Lahsunganj,
Ward No. 5, P.O. - Khawaspur, P.S. Simraha, Forbesganj, District- Araria.
2. Suman Kumari, S/o Dilip Kumar, R/o Vill. Dumaria, Narpatganj, District-
Araria.
3. Partosh Kumar Jha, S/o Binodanand Jha, R/o vill. Shripur, P.S. Pratapganj,
District- Supaul.
4. Preeti Kumari, D/o Bhubneshwar Yadav, R/o Vill. Khabdah, P.O. - Kanhaili,
Narpatganj, District- Araria.
5. Gazala Sabiha, D/o Md. Jamil, R/o Vill. Mirzapur, P.O. Mirzapur Kothi, P.O.
Simraha, District- Araria.
6. Arvind Kumar Sah, S/o Saryug Prasad Sah, R/o Vill. Darapipar, P.O. and
P.S. Kursakanta, District- Araria.
7. Neel Gagan Bhaskar, S/o Nandi Harijan, R/o Vill. Purani Jail, Marumganj,
District- Saharsa.
... ... Petitioner/s
Versus
Patna High Court CWJC No.16669 of 2025 dt.22-01-2026
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1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Director Primary Education, Department of Education, Govt. of Bihar,
Patna.
3. The District Magistrate, District- Araria.
4. The District Education Officer, District- Araria.
5. The District Program Officer, (Estab.), District- Araria.
6. The Block Education Officer, Narpatganj, District- Araria.
7. The Panchayat Teachers Employment Unit, Gram Panchayat Raj Garuraha
Vishanpur, through its Secretary.
8. The Mukhiya, Gram Panchayat Raj Garuraha Vishanpur, Block- Narpatgnaj,
District- Araria.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 16669 of 2025)
For the Petitioner/s : Mr. P.K. Jha, Adv.
Mr. A.K. Jha, Adv.
For the Respondent/s : Mr. K.P. Gupta, GP-10
(In Civil Writ Jurisdiction Case No. 16673 of 2025)
For the Petitioner/s : Mr. Purushottam Jham, Adv.
For the Respondent/s : Mr. Mujtabaul Haque. GP-12
Mr. Vasant Vikas, AC to GP-12
(In Civil Writ Jurisdiction Case No. 16692 of 2025)
For the Petitioner/s : Mr. Purushottam Jha, Adv.
For the Respondent/s : Mr. Ranjan Kumar, AC to AAG-9
(In Civil Writ Jurisdiction Case No. 16849 of 2025)
For the Petitioner/s : Mr. Bishwash Vijeta, Adv.
For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13
(In Civil Writ Jurisdiction Case No. 16872 of 2025)
For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv.
For the Respondent/s : Mr. Vivek Arshad, GP-7
Mr. Sanjay Kumar, AC to GP-7
Ms. Roona, AC to GP-07
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 22-01-2026
Heard the parties.
2. The petitioners, in all the writ petitions, are the
candidates for the post of Panchayat Teachers; having requisite
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qualification, participated in the selection process in the year
2008 in different Gram Panchayat under the District of Araria,
and said to have been finally selected against different schools
vide different appointment letters. Consequent upon their
selection as Panchayat Teacher in different primary/middle
school, they submitted their respective joining report before the
Block Education Extension Officer, however, by one reason or
other, the joining application of the petitioners had not been
accepted.
3. Aggrieved, the petitioners filed appeal/complaints
before the District Teacher's Appointment Appellate Authority,
long back in the year 2011, for a direction upon the respondents
concerned to allow them to discharge their duties, in their
respective schools. Despite repeated reminders before all the
authorities on different dates, no action has been taken; besides
the District Appellate Authority also failed to register the
application/complaint of the petitioners, thus, some of the
petitioners along with others, moved before the State Appellate
Authority by filing different appeals, including O.A. Nos. 238 of
2022, 273 of 2022, 294 of 2022, 301 of 2022, and 286 of 2022.
All the afore-noted original appeals came to be disposed off by
holding the appellant's /petitioner’s to be fencesitters, as they
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failed to challenge the wrongful action in their cases and they
woke up after long delay, only because of the reasons that their
counterparts who have approached the Court earlier in time,
succeeded in their efforts.
4. Learned Advocate for the petitioners submitted that
since the State Appellate Authority has dismissed the original
appeals, noted hereinabove, in complete mechanical manner,
without touching the merit of the case, the petitioners have
approached the District Appellate Authority, Araria, for the
adjudication of their case on merit. The District Appellate
Authority, Araria by different orders after having taken note of
all the relevant facts involved in the cases, observed that the
order of the Block Education Extension Officer, refusing to
accept the joining of the petitioners, is obviously required to be
set aside, but, as the petitioners have approached before the
State Appellate Authority, who had declined to grant relief, it is
not possible to interfere in the matter, accordingly, dismissed the
respective appeals filed by the District Appellate Authority,
Araria.
5. A counter affidavit as well as supplementary
counter affidavit has been filed on behalf of concerned
respondents. It is submitted that the petitioners are intending to
Patna High Court CWJC No.16669 of 2025 dt.22-01-2026
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take all the steps to revive their cause of action, which had been
lost on issue of delay and duly sealed by the State Appellate
Authority, but surprisingly, instead of assailing the order of the
State Appellate Authority, they approached the District
Appellate Authority, Araria knowing very well that the amended
rules do not permit any new appointment. It has also been
contended that the petitioners have neither approached the
District Appellate Authority in the year 2011 and subsequently
nor filed any representations, which have been received or
registered; hence the vacant posts were not treated as disputed,
and thus, merged into the next process of appointment in
pursuant to the departmental letter no. 465, dated 09.07.2012.
6. Mr. Jha, learned Advocate for the petitioners,
submitted that identical issue has come up for consideration
before a coordinate Bench of this Court in C.W.J.C. No. 16599
of 2025, wherein the Court on being found that the District
Appellate Authority had applied its mind, but because of the
order passed by the State Appellate Authority on technical
ground, did not exercise its power, which technically should not
have been an impediment for the authority in adjudicating the
claim of the petitioners on merit. Accordingly, the learned Court
set aside the order passed by the District Appellate Authority, as
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well as State Appellate Authority, and relegated the matter to the
District Appellate Authority, Araria, for adjudicating the
petitioner's claim on its merit, without being affected by any
observations made in the aforementioned orders.Referring to the
order passed by the learned coordinate Bench of this Court, the
learned Advocate for the petitioners submitted at the Bar that the
cases of the petitioners are also covered with the legal principle
as enumerated hereinabove by the Court and, as such, he prays
that all the matters be disposed off in identical terms.
7. Having considered the submissions advanced by
learned Advocate for the respective parties, and taking note of
the order passed in C.W.J.C. No. 16599 of 2025, this Court, in
order to maintain uniformity, finds it apt and proper to dispose
off all the writ petitions in identical terms by setting aside the
impugned orders passed by District Appellate Authority as well
as the order passed by the State Appellate Authority in O.A.
Nos. 238 of 2022, 273 of 2022, 294 of 2022, 301 of 2022, and
286 of 2022.
8. The District Appellate Authority, Araria, is directed
to adjudicate the petitioner’s claim on its merit afresh after
giving opportunity to all the stakeholders, preferably within
three months from the date of production or receipt of a copy of
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this order.
9. All the writ petitions stand allowed, with the
aforesaid direction.
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.01.2026
Transmission Date NA
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