Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The court directed the Deputy Development Commissioner‑cum‑CEO to consider the petitioner’s representation and pass a reasoned order within eight weeks, and disposed of the writ petition.
Summary
The petitioner, Pramod Kumar, an assistant teacher, filed a writ petition seeking a direction that the Deputy Development Commissioner‑cum‑Chief Executive Officer of Zila Parishad, Bettiah, consider his representation for promotion to the post of Head‑master under Rule 8 of the Bihar Zila Parishad/Nagar Nikay Secondary and Senior Secondary School Service Rules, 2020. He relied on a similar earlier petition (CWJC No. 16951 of 2024) where the court had allowed filing of a representation before the same authority. The respondents argued that the prescription period under the Bihar State Senior Secondary School Headmaster Rules, 2021 must also be examined. The court, noting the limited prayer and the existence of a detailed representation, directed respondent No. 5 to examine the representation and issue a reasoned order within eight weeks. The writ petition was thereafter disposed.
Issues considered
- Whether the court can direct the Deputy Development Commissioner‑cum‑CEO to consider the petitioner’s representation for promotion under Rule 8 of the Bihar Zila Parishad/Nagar Nikay Secondary and Senior Secondary School Service Rules, 2020
- Whether the prescription period under the Bihar State Senior Secondary School Headmaster Rules, 2021 is applicable to the petitioner’s claim
Subjects
- promotion
- headmaster
- service rules
- writ petition
- administrative law
- education service
- Bihar Zila Parishad
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2180 of 2026
======================================================
Pramod Kumar S/o Nathuni Yadav, Vill-Garha, Ward No-01, Rajauli,
Madhubani, Dhamiapatti, Bihar Currently Posted as Asst. Teacher
Rajkiyasamposit Ucch Vidalay Rampurwa, Mainatad, West Champaran,
Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Director, Secondary Education, Bihar, Patna.
3. District Education Officer, West Champaran, Bihar.
4. District Programme Officer (Secondary Education), West Champaran, Bihar.
5. The Deputy Development Commissioner cum Chief Executive Officer Jila
Parishad Bettiah, West Champaran, Bihar.
6. The Chairman Zila Parishad, Bettiah, West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rishabh Mishra, Adv.
For the Respondent/s : Mr. Kumar Manish, SC-5
Mr. Kumar Pankaj, AC to SC-5
For the Zila Parishad : Mr. Prince Kumar Mishra, Adv.
Ms. Priyanka Kumari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 10-02-2026 This Court has heard learned Advocate for the
petitioner through virtual mode. Learned Advocate for the State
and the Zila Parishad, Bettiah, West Champaran are also present.
2. The petitioner has approached this Court seeking a
direction upon the respondent authorities to consider his case for
promotion to the post of Head-master in terms with Rule 8 of
Bihar Zila Parishad/Nagar Nikay Secondary and Senior
Secondary School Service (Appointment, Promotion, Transfer,
Patna High Court CWJC No.2180 of 2026(2) dt.10-02-2026
2/3
Disciplinary Proceeding and Service Conditions) Rules, 2020
(hereinafter referred to as, “Rules, 2020”).
3. Learned Advocate for the petitioner submitted that
for redressal of similar grievance seeking promotion to the post
of Head-master, some of the identically situated persons have
approached this Court in CWJC No. 16951 of 2024 and they
have been extended liberty to approach before the Deputy
Development Commissioner-cum-Chief Executive Officer, Zila
Parishad, Aurangabad by filing a representation. The petitioner
also submitted that for redressal of the grievance, he has also
filed a representation, which may be disposed off in terms with
Rule 7 & 8 of the Rules, 2020.
4. Mr. Prince, learned Advocate for the Zila Parishad
interjected and submitted that at the time of consideration of
claim of the petitioner, the prescriptions as provided under Bihar
State Senior Secondary School Headmaster Rules, 2021 is also
required to be looked into.
5. Be that as it may, considering the limited prayer of
the petitioner that for redressal of the grievance, the petitioner
has filed a detailed representation before the Deputy
Development Commissioner-cum-Chief Executive Officer, Zila
Parishad, Bettiah, West Champaran, the copy of which is
Patna High Court CWJC No.2180 of 2026(2) dt.10-02-2026
3/3
marked as Annexure-P/4, this Court deems it fit and proper to
dispose off the writ petition with a direction to the concerned
respondent no. 5 to look into the representation of the petitioner
and pass reasoned and speaking order, preferably within a
period of eight weeks, from the date of receipt/production of a
copy of this order.
6. The writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
U
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