Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is dismissed as withdrawn, with liberty granted to the petitioner to approach the District Teachers Appellate Authority.
Summary
The petitioner, a former Block Teacher, filed a writ petition seeking reinstatement to his post and payment of salary arrears after being terminated in 2023 on allegations of a forged matriculation certificate. The State argued that the petition was misconceived and that the petitioner must first challenge the termination before seeking reinstatement, and also raised a preliminary objection that the petitioner had a statutory alternative remedy before the District Teachers Appellate Authority. The petitioner’s counsel agreed to withdraw the writ and approach the appellate authority. The court, finding no objection to the withdrawal, dismissed the writ application as withdrawn, granting the petitioner liberty to pursue his grievance before the District Teachers Appellate Authority. No substantive merits on the termination were decided.
Issues considered
- Whether the writ petition is maintainable when an alternative statutory remedy exists
- Whether the petitioner can seek reinstatement without first challenging the termination order
- Whether the court can entertain a petition for mandamus in the absence of exhaustion of alternative remedies
Subjects
- termination of service
- reinstatement
- mandamus
- alternative remedy
- education department
- teacher appointment
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2641 of 2026
======================================================
Sanjay Kumar S/o- Bishwanath Singh, resident of village- Geyanpura, P.S.-
Jagdishpur, District- Bhojpur.
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Primary Education, Bihar, Patna.
3. The District Education Officer, Bhojpur, Ara.
4. The District Programme Officer (Establishment), Bhojpur, Ara.
5. The Block Education Officer, Jagdishpur, Bhojpur.
6. The Block Panchayati Raj Officer- cum-Secretary, Block Teacher
Employment Committee, Jagdishpur, Bhojpur.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Sangeeta Kumari, Advocate
For the Respondent/s : Mr. Government Pleader (23)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-State.
2. The petitioner in the present writ application has
prayed for the grant of following reliefs:-
i.) Issuance of a direction, order or writ including writ
in the nature of "MANDAMUS" to reinstate the petitioner on
the post of Block Teacher in Utkramit Middle School,
Mathurapur under Kaura Gram Panchayat, Block- Jagdishpur,
District- Bhojpur with all consequential benefits;
ii.) Issuance of a direction, order or writ including
writ in the nature of "MANDAMUS" to pay the arrears of salary
to the petitioner;
iii.) Any other relief/reliefs that the petitioner may be
found to be entitled to in the facts and circumstances of the
Patna High Court CWJC No.2641 of 2026(2) dt.19-02-2026
2/3
present case.
3. In paragraph-6 of the writ application, following
statement has been made by the petitioner:-
“That it is respectfully stated and
submitted here that, all of sudden
petitioner was terminated from
the post of Teacher in the year,
2023 after seventeen years of
becoming the Panchayat Teacher
on the ground of filing of an
F.I.R. bearing Jagdishpur P.S.
Case No. 464 dated 06/11/2023
by the vigilance on allegation
that the matriculation certificate
of the petitioner is forged.”
4. Learned counsel appearing for the Respondent-
State submits that the present writ application filed by the
petitioner is totally misconceived for the reason that without
challenging the termination order, the petitioner is seeking relief
of reinstatement which cannot be done.
5. Learned counsel appearing for Respondent-State
also raises a preliminary objection regarding maintainability of
the present writ application stating that the petitioner has a
statutory alternative remedy of approaching the District
Teachers Appellate Authority, Bhojpur at Ara and without
availing the alternative remedy, the petitioner has directly filed a
Patna High Court CWJC No.2641 of 2026(2) dt.19-02-2026
3/3
writ application which ought not to be entertained.
6. Learned counsel appearing for the petitioner
submits that he may be permitted to withdraw the writ
application with liberty to approach the District Teachers
Appellate Authority, Bhojpur at Ara for redressal of his
grievance.
7. To this submission made by learned counsel for the
petitioner, learned counsel appearing for the Respondent-State
does not have any objection.
8. In view of the submission made by the learned
counsel for the petitioner, this writ application is dismissed as
withdrawn granting liberty to the petitioner to approach the
District Teachers Appellate Authority, Bhojpur at Ara for
redressal of his grievance.
9. The writ application is accordingly dismissed as
withdrawn with liberty as aforesaid.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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