Patna High Court
Mohd. Shahid Alam @ Md. Shahid AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is disposed without adjudicating the merits, granting the petitioner liberty to approach the concerned authority.
Summary
The petitioner, Md. Shahid Alam, challenged the validity of Rule‑6 issued under Resolution No. 970 dated 31‑08‑2013, which required teachers appointed after 15‑02‑2011 to have their contributions calculated on a fixed‑salary basis, alleging it was ultra‑violet and retrospectively applied. He sought a declaration that the rule was void and a writ of mandamus against the State of Bihar and related education officials. The Court noted that similar writ petitions (CWJC 985/2015, CWJC 4517/2021, CWJC 696/2025) had been disposed of earlier, granting reliefs, but observed that the petitioner had not filed any representation with the concerned authority. Consequently, the Court dismissed the petition without addressing the merits, granting the petitioner liberty to approach the authority with the earlier orders. No substantive opinion on the ultra‑vires claim was expressed.
Issues considered
- Whether Rule‑6 issued under Resolution No. 970 is ultra‑violet and can be declared void.
- Whether the retrospective effect of the Resolution from 15‑02‑2011 is invalid.
- Whether a writ of mandamus can be issued to compel the respondents to act.
Subjects
- ultra vires
- retrospective legislation
- mandamus
- teacher salary
- civil writ jurisdiction
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2248 of 2024
======================================================
Mohd. Shahid Alam @ Md. Shahid Alam, Son of Shamsuzzoha Resident of
Village Ratni P.O. Perbheli P.S.Kadwa District- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar. Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Special Director, Secondary Education, Education Department,
Government of Bihar, Patna.
4. The Joint Secretary, Education Department Government of Bihar, Patna.
5. The District Education Officer, Katihar, District Katihar.
6. The District Program Officer, (Establishment) Katihar, District Katihar.
7. The District Program Officer (Secondary Education) Katiha District Katihar.
8. The Bihar State Madarsa Education Board, Patna, through Secretary Apex
Tower, Haroon Nagar Colony Sector-2, P.S.- Phulwari Sharif, Patna.
9. The Secretary, Madarsa Education Board, Patna, Apex Tower, Haroon Nagar
Colony Sector-2, P.S.- Phulwari Sharif, Patna.
10. The Secretary, Madarsa Darul Hadees Ratni, Perbheli, Durgaganj, District-
Katihar.
11. The Head Maulvi Madarsa Darul Hadees Ratni, Perbheli, Durgaganj,
District- Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Musowir, Advocate
For the State : Mr. Standing Counsel 8
For the Board : Md. Shahzad Hassan Khan, Advocate
Md. Aslam Ansari, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 17-03-2026
This Civil Writ Jurisdiction Case has been filed by
the petitioner Mohd. Shahid Alam @ Md. Shahid Alam seeking
for following reliefs:-
Patna High Court CWJC No.2248 of 2024 dt.17-03-2026
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“That, by this writ petition,
the petitioner would like to challenge the
validity of Rule-6 issued under the
signature of the Respondents no. 4 and
contained in his Resolution no. 970 dated
31.8.2013 and declare its ultra- virus,
whereby and whereunder the instruction
has been issued that the contribution will
be paid on the basis of calculation of fixed
salary to those teachers in place of
regular pay-scale, who are appointed
against the vacancy on or after 15.2.2011
by the State Government.
Alternatively to declare that
the Resolution no. 970 dated 31.08.2013
could not take its retrospective effect i.e.
with effect from 15.2.2011 for debarring
the appointee against the vacancy on or
after 15.2.2011 though the impugned
Resolution itself is effective from
01.04.2013 according to the Respondents
themselves.
The petitioner would further
like to pray before this Hon’ble Court that
a writ of MANDAMUS be issued against
the Respondents.”
2. During course of argument, learned counsel for
the petitioner submits that similarly situated persons approached
this Court in CWJC No. 985 of 2015 so also in CWJC No. 4517
Patna High Court CWJC No.2248 of 2024 dt.17-03-2026
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of 2021 and their cases were disposed of vide order dated
27.03.2019 and 25.04.2023 respectively, they have got the
necessary reliefs and in view of such order passed in the
identical matters, the petitioner is entitled to get the relief. He
further submits that one Md. Abdul Quadir filed CWJC No. 696
of 2025 seeking for similar relief and this Court disposed of the
said writ petition vide order dated 13.01.2026 giving him liberty
to approach the concerned authority for ventilating his
grievance.
3. When we posed a pertinent question to the
learned counsel for the petitioner as to whether any
representation has been made by the petitioner before the
concerned authority for ventilating his grievance basing on the
orders passed by this Court in the aforesaid writ petitions, the
answer was in negative.
4. Learned counsel for the petitioner, however,
submits that the liberty may be granted to the petitioner to
approach the concerned authority by filing representation and
also annexing the copies of the orders passed in the aforesaid
two writ petitions.
5. In view of such submission, the writ petition is
disposed of giving liberty to the petitioner to approach the
Patna High Court CWJC No.2248 of 2024 dt.17-03-2026
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concerned authority for ventilating his grievance.
6. It is made clear that this Court has not expressed
any opinion on the merits of the claim of the petitioner.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.03.2026
Transmission Date NA
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