Patna High Court
Vinay KishorversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court did not grant mandamus but disposed of the writ by allowing the petitioner to file a fresh representation and directing the District Education Officer to decide it within prescribed time‑limits.
Summary
The petitioner, a senior teacher, filed a writ seeking mandamus directing the State of Bihar and education officials to consider his seniority, restore him to the post of In‑Charge Head Master, and set aside the appointment of junior teachers. He also requested that his earlier representations be acted upon and that the decision to post juniors be declared illegal. The court noted that the petitioner only sought a limited remedy of filing a fresh representation before the District Education Officer (DEO) and that the respondents raised no objection. Accordingly, the court disposed of the writ, granting the petitioner liberty to file a fresh representation within one month and directing the DEO to decide it within three months, after hearing both parties, and to issue a reasoned order. The court further directed that if the DEO finds the petitioner entitled to relief, it must be granted within an additional three months. No substantive mandamus was issued; the matter was left to the administrative process.
Issues considered
- Whether the State of Bihar and education officials are liable to issue a writ of mandamus directing consideration of the petitioner's seniority and restoration to his former post
- Whether the petitioner may be directed to file a fresh representation before the District Education Officer and the time‑frames for disposal
Subjects
- seniority
- posting
- mandamus
- education department
- administrative law
- writ jurisdiction
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1677 of 2026
======================================================
Vinay Kishor Son of Late Balgovind Singh, Permanent Resident of village-
Daulatpur, P.O.- Gowasa, P.S.- Narhat, District-Nawada, Presently Residing at
Mohalla- Ghughari Tand, P.O.- Chand Chaura, P.S.- Vishnupath, District-
Gaya.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Additional Chief Secretary, Department of Education, Govt. of Bihar,
Patna.
4. The Secretary, Education Department, Government of Bihar, Patna.
5. The Director, Primary Education, Government of Bihar, Patna.
6. The Deputy Director, Primary Education, Department of Education,
Government of Bihar, Patna.
7. The District Magistrate, Gaya.
8. The District Education Officer, Gaya.
9. The District Programme Officer, Establishment, Gaya.
10. Md. Qamruddin Quadri Ansari, Son of M. Fakhruddin, Resident of village-
Arif Nagar, Gewal Bigha, P.O.- HPO Gaya, P.S.- Rampur, District- Gaya,
Pin Code- 823001. Presently Posted as Head Teacher, P.S. Lakhanpur,
Block- Gaya Town, District- Gaya.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Jagjit Roshan, Advocate
For the Respondent/s : Mr. Government Pleader (25)
======================================================
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 disposed of, at this stage, itself.
Patna High Court CWJC No.1677 of 2026(2) dt.03-02-2026
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3. The petitioner in the present writ application has
prayed for the grant of following reliefs:-
i.) Issuance of Writ in the nature
of Mandamus directing the
Respondents to consider the
Seniority of the Petitioner and
also the fact that the Petitioner
was working as In-Charge Head
Master since Years (2010) then
also they were removed from the
said Post and newly appointed
Head Teacher who are juniors
have been given Posting/charge
and further direct the
Respondents to restore the
Petitioner on the Post of In-
Charge Head Master / Head
Master / Head Teacher after
considering their Seniority as per
the Rules and Departmental
Guidelines.
ii.) Issuance of Writ in the nature
of Mandamus directing the
Respondents to consider the
Representation dt. 15.12.2025 &
06.01.2026 (Annexure-P/5
Series) given by the Petitioner
and to take appropriate legal
action for the redressal of the
grievances of the Petitioner and
Patna High Court CWJC No.1677 of 2026(2) dt.03-02-2026
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to consider his Seniority while
posting the newly selected Head
Teacher.
iii.) To declare that the decision
taken by the Respondents while
posting the newly selected Head
Teacher who are juniors were
posted in the schools were
Seniors were In-Charge Head
Master is bad in law.
iv.) Issuance of such other order
orders, direction/ directions,
relief/reliefs to which the
petitioner may found entitled to
be passed as your Lordships may
deem fit and proper.
4. After advancing some argument, learned counsel
appearing for the petitioner submits that although the
petitioner has previously filed couple of representations but
the petitioner wants to file a fresh representation, before the
District Education Officer, Gayaji and prays that an
appropriate direction be issued to the District Education
Officer, Gayaji to dispose of the representation, which will be
filed by the petitioner, within fixed time frame after giving an
opportunity of hearing to the petitioner and respondent no. 10,
namely, Md. Qamruddin Quadri Ansari.
5. To the aforesaid submission made by learned
Patna High Court CWJC No.1677 of 2026(2) dt.03-02-2026
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counsel for the petitioner, learned counsel for the Respondent-
State does not have any objection.
6. Considering the limited nature of prayer made by
the learned counsel for the petitioner, this writ application is
disposed of granting liberty to the petitioner to file a fresh
representation before the District Education Officer, Gayaji
within one month from the date of passing of this order. If
such a representation is filed, the District Education Officer,
Gayaji shall 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 and
respondent no. 10, namely, Md. Qamruddin Quadri Ansari.
Needless to emphasize that the order which shall be passed by
the District Education Officer, Gayaji on the representation of
the petitioner should be a reasoned and speaking order. It is
further made clear that in the event of the petitioner being
found entitled to the relief which the petitioner would be
claiming through the representation, the same should be given
to the petitioner within a further period of three months from
the date of passing of the final order by the District Education
Officer, Gayaji.
7. With the aforesaid observation, directions and
Patna High Court CWJC No.1677 of 2026(2) dt.03-02-2026
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liberty granted, the present writ application stands disposed
of. All pending Interlocutory Applications, if any, will be
deemed to have been disposed of.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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