Patna High Court
naulesh kumar sinha and orsversusThe State of Bihar and Ors
- Decided
- Disposal
- ALLOWED
- Bench
- AJIT KUMAR
Holding
The termination orders were illegal and set aside, and the Managing Committee is legally obligated to reinstate the petitioners and comply with the reinstatement and grant‑in‑aid directions within eight weeks.
Summary
The petitioners, former teachers of Jagiraha High School, filed a writ seeking reinstatement after their removal was held illegal by the District Teacher Appellate Authority (order dated 18‑07‑2016) and earlier by the Director of Secondary Education (order dated 28‑02‑2013). The petitioners argued that the Director lacked jurisdiction over private schools and that the Managing Committee’s termination order was unlawful. The Managing Committee appealed to the State Appellate Authority, which affirmed the District Appellate Authority’s findings and did not challenge the reinstatement order. The High Court held that the termination orders were set aside, that the findings of the District and State Appellate Authorities are final, and that the Managing Committee is legally bound to reinstate the petitioners and disburse any entitled benefits within eight weeks. Accordingly, the court directed compliance with the reinstatement and related grant‑in‑aid directions and disposed of the writ petition.
Issues considered
- Whether the Director of Secondary Education had jurisdiction to direct reinstatement of teachers in a privately managed school.
- Whether the termination order set aside by the District Teacher Appellate Authority is final and binding on the Managing Committee.
- Whether the Managing Committee must comply with the reinstatement order and related grant‑in‑aid directions.
- Whether the court can direct cancellation of the school’s code and restrain further disbursement of grants‑in‑aid pending compliance.
Subjects
- reinstatement
- termination of service
- jurisdiction
- private school
- grants-in-aid
- Director of Secondary Education
- District Teacher Appellate Authority
- State Appellate Authority
- illegal termination
- compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3525 of 2019
======================================================
1. naulesh kumar sinha and ors S/o Krit Narayan Sharma Village-Balmi
Sivisya,P.O. Madan Sivsiya,P.S. Kalyanpur,Dist.-E.Champaran,Motihari
2. Chandra Bhusan Mishra S/o Lae Mohan Dev Mishra R/v.-Bigdhavi,P.S.
Keshariya,Dist.-E.Camparan,Motihari
3. Dharam Nath Pandey S/o Vikramaditya Pandey Resident at post Kadhim
Beria,P.S. Keshariya,Dist.-E.Champaran,Motihari
4. Ramayan Bhagat S/o Basudev Bhagat Vill-Puraina,P.O.-Sarotar,P.S.
Dumariya Ghat,Dist.-East champaran ,Motihari
5. Janardhan Baitha Late Raghunath Baity Resident of at P.O.-Digdhari,P.S.
Keshariya,Dist.-E.Champaran,Motilhari
... ... Petitioner/s
Versus
1. The State of Bihar and Ors through the Principal Secretary,Department of
Education, Govt. of Bihar,Patna
2. The Principal Secretary, ,Department of Education, Govt. of Bihar,Patna
3. The Director Secondary Education Govt. of Bihar,Patna
4. The Regional Deputy Director of Education,Tirhut Division-Muzaffarpur
5. The District Magistrate, East Champaran,Motihari
6. The District Education Officer, East Champaran,Motihari
7. The District Programme Officer(Establishment)East Champaran,Motihari
8. Sri Awadh Rai Secretary,Managing Committee of High School,Jagirha,P.O.
Pgdhari, Keshariya,East Champaran,Motihari
9. The Managing Copmmittee High School,Jagiraha,P.O. Bigdhari,P.S.
Keshariya,Dist.East Champaran,Motihari through the Secretary,Sri Awadh
Rai
10. The Bihar School Examination Board,through its Chairman
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brisketu Sharan Pandey, Advocate
For the Respondent/s : Mr. Kameshwar Kumar (Gp17)
Mr. Suraj Narain Yadav, Advocate
Mr. P.K. Shahi, Sr. Advocate
Mr. Gyan Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL JUDGMENT
Date : 19-01-2026
Heard learned counsel for the petitioners and
Patna High Court CWJC No.3525 of 2019 dt.19-01-2026
2/11
learned counsel for the respondents.
2. The instant writ application has been filed for the
following reliefs:-
(i) For directing the respondents to ensure
compliance of the order dated 28.02.2013 passed
by the Director Secondary Education, Government
of Bihar, Patna and the order dated 18.07.2016
passed by the District Teacher Appellate Authority,
East Champaran, Motihari in Case No.909/2014
whereby and whereunder it has been held that the
removal of petitioners from the High School,
Jagiraha, Keshariya East Champaran, Motihari is
illegal and the petitioners have been directed to be
reinstated in the aforesaid school.
(ii) For holding the respondents to be under
obligation to comply with the order dated
28.02.2013 passed by the Director, Secondary
Education, Government of Bihar, Patna and the
order dated 18.07.2016 passed by the District
Teacher Appellate Authority, East Champaran,
Motihari in Case No.909/2014 whereby and
whereunder it has been held that the removal of the
petitioners from the High School, Jagiraha,
Keshariya, East Champaran, Motihari is illegal,
and thereafter direct them to ensure that the
petitioners are taken back into the service and
grants in aid disburse by the Respondent State is
distributed amongst the rightful claimants.
(iii) For directing the respondent No.5 to 7 to take
appropriate action against Respondent No.8 who is
adamant on not allowing the petitioner to enter the
premises and, as such who is deliberately violating
the orders of the Director, Secondary Education
(Respondent No.3) and also the order of District
Teacher Appointment Appellate Tribunal, East
Champaran, Motihari whereby the removal of
petitioners has been held to be illegal.
Patna High Court CWJC No.3525 of 2019 dt.19-01-2026
3/11
(iv) For holding that in view of the report dated
17.02.2010 of the District Magistrate, East
Champaran, (Respondent No.5) and the report
dated 31.12.2009 of grievance redressal Officer the
Respondent No.8 with a view to illegally siphon the
grants in aid amount and distribute it amongst his
relatives and other newly appointed employees has
illegally removed the petitioners who are the
rightful claimant of grants in aid issued to the
institution.
(v) For directing the respondents not to release
grants in aid in view of the letter dated 17.02.2010
issued by the Respondent No.5 until the petitioners
and other such person who have been illegally
removed by the Respondent No.8 are taken back
into the High School, Jagiraha.
(vi) For directing the Respondent No.5 to 8 to
enquired as to how the grants in aid issued in
2010 (for year 2008-09) to Jagraha High School
has been disbursed amongst the employees of
Jagiraha High School by Respondent No.8 despite
there being order dated 17.02.2010 issued by
Respondent No.5 not to disbursed any grants in aid
until the petitioners who have been removed are
taken back into the service.
(vii) For directing the Respondents to take
appropriate steps including cancellation of code
allotted to the Jagiraha High School so as to
ensure no further siphoning of grants in aid in the
name of such teachers who have never been there
to serve for the period against which they are
claiming the grants in aid.
(viii) For any other relief(s), which it may deem fit
in the facts and circumstances of the case
3. Learned counsel for the petitioners, by taking
this Court to the order passed by the coordinate Bench in CWJC
Patna High Court CWJC No.3525 of 2019 dt.19-01-2026
4/11
No. 4429 of 2014, submits that the coordinate Bench had
categorically recorded a finding that the Director of Secondary
Education did not have a authority to interfere in the workings
of private schools or appointments made by the Managing
Committee of these schools. On these premises, the portion of
the order of the Director of Secondary Education was held to be
without jurisdiction, and accordingly, the order to that extent
was quashed. However, liberty was restored to the petitioner
with the stipulation that, if the petitioner is so sanguine about his
continuation in service or his alleged removal being in violation
of the principles of natural justice, the recourse which is
provided in law may be resorted by him for ventilating his
grievances.
4. It is the case of the petitioners that, after such
orders were passed, the Managing Committee of the School
preferred an appeal before the District Appellate Authority, who
recorded a categorical finding regarding the petitioners’ claim.
The Authority noted that, although the appeal was preferred by
the Managing Committee, a finding was recorded to the effect
that the petitioners did not leave the school on their own. Rather,
there had been an order passed by the Secretary of the School
terminating the petitioners’ services, which compelled them to
Patna High Court CWJC No.3525 of 2019 dt.19-01-2026
5/11
leave. Accordingly, the statement that the petitioners left the
school voluntarily is incorrect.
5. It has next been submitted that, while recording
such findings, even the report prepared by the District
Magistrate regarding the disputed issues, was also taken into
consideration. Upon hearing the parties, such findings were
recorded with regard to the petitioners’ claim, wherein it was
categorically been stated that these petitioners had to leave the
school pursuant to the order of termination and not voluntarily.
Such findings could only be recorded because the Secretary did
not cooperate with the investigating officers, who were
entrusted with the responsibility of conducting the inquiry, as
the connected records were kept at the Secretary’s residence and
were deliberately concealed from the enquiry team. Based on
such materials, the District Appellate Authority concluded that
the orders passed by the Managing Committee in respect of
these petitioners were not in accordance with law, and
accordingly, the order of termination was set aside by the
District Appellate Authority. While recording such findings, the
District Appellate Authority referred to the order passed by the
Director of Secondary Education, which is contained in Memo
No. 176 dated 07.03.2013, which was said to have been
Patna High Court CWJC No.3525 of 2019 dt.19-01-2026
6/11
confirmed by the District Appellate Authority. However, the
findings of the order passed by the District Appellate Authority
is based on its own merit and bore no direct semblance of the
order passed by the Director, Secondary Education, with the
consideration made by the District Appellate Authority while
setting aside the termination orders; it was merely a passing
reference recorded in the order dated 18.07.2016, which is
mentioned in the District Appellate Authority’s order, and its
mere reference has put that order to challenge before the higher
forum (State Appellate Authority, Patna).
6. It has next been submitted that upon passing of
such orders by the District Appellate Authority, East
Champaran, Motihari, the Managing Committee is said to have
approached the State Appellate Authority by filing an appeal
being Appeal No.27 of 2019, wherein on consideration of
submission of the counsel representing the Managing
Committee, said to have taken categorical stand that the
grievances of the petitioners stood redressed, once the Hon’ble
High Court had set aside the operating part of the order passed
by the Director, Secondary Education, Government of Bihar,
vide memo no.176 dated 07.03.2013, while the adjudication
made in respect of termination order by recording its
Patna High Court CWJC No.3525 of 2019 dt.19-01-2026
7/11
independent finding remained intact.
7. Since there is no appeal or challenge having
been made by the Managing Committee of High School
Jagiraha, East Champaran, Motihari, therefore, the findings
which are said to have been recorded by the State Appellate
Authority attained finality as against them. During the pendency
of the writ petition, an amendment was made in the relief
portion by seeking a direction upon the Managing Committee in
the background that the challenge against the findings of the
District Appellate Authority, which are said to have been
affirmed or approved by the State Appellate Authority, whereby
the termination order is said to have been set aside. Now, the
petitioners are legally required to be taken back into service,
which exercise having not been carried out by Respondent No.
8, therefore, the Managing Committee may appropriately be
directed to carry out the exercise in terms of the order passed by
the District Appellate Authority, wherein the order of
termination, having been set aside, has attained finality, with
such illegal act of the Managing Committee having been noticed
by both the authorities of the State Government, where the
deprivation of constitutional rights of these petitioners coupled
with procedural violations have remained in common.
Patna High Court CWJC No.3525 of 2019 dt.19-01-2026
8/11
8. On the other hand, learned counsel representing
the Managing Committee may have many things to address, but
the submissions of his cannot be accepted, as there has been no
opposition to the findings recorded in the order passed by the
District Appellate Authority. Since there is no specific challenge
made by them to the approval given by the State Appellate
Authority, Patna, before this Court or any other forum, and
further, the counsel relies only on the fact that the order of the
Director, Secondary Education, has been set aside by a
coordinate Bench and the grievances stood redressed, while the
independent findings of the District Appellate Authority remains
unchallenged. The termination order of these petitioners has
since been set aside based on those findings, and there has been
no specific challenge to the order passed by the State Appellate
Authority, affirming the order of the District Appellate
Authority, except giving interference to the fact that there was
no justification or occasion for the District Appellate Authority
to confirm the order of the Director, Secondary Education,
whereas, the rejection of the appeal preferred by the Managing
Committee has been found to be justified. The stand of the
Managing Committee, that their grievances stand redressed with
the operative portion of the order, insofar the reference of the
Patna High Court CWJC No.3525 of 2019 dt.19-01-2026
9/11
order of the Director, Secondary Education, made in the District
Appellate Authority order’s is concerned, which having been set
aside by the coordinate Bench, may not absolve them from the
responsibility of reinstating these petitioners and providing them
with their service dues to which they are entitled, as the
termination order passed against the petitioners was found
illegal and the State Appellate Authority has not interfered with
such findings.
9. At this stage, learned counsel for the State by
referring to the order as contained in Annexure-R/B of the
counter affidavit filed on behalf of the respondent nos.2 and 3,
submits that in compliance of the order passed by the District
Appellate Authority and the manner in which the Managing
Committee had terminated the services of the teachers who were
employed in the said school and managing the affairs of the
school, the necessary orders are said to have been passed at the
level of Additional Chief Secretary, which is contained in Memo
No.563 dated 09.03.2019, wherein it has categorically recorded
a finding to the effect that since members of Managing
Committee are mis-utilizing the funds, which are being released
for ensuring smooth imparting of education to the students,
which is not being carried out in right perspective, further
Patna High Court CWJC No.3525 of 2019 dt.19-01-2026
10/11
grants-in-aid were stopped and an enquiry was directed to be set
up. The Bihar School Examination Board, Patna, was also
requested to take appropriate steps regarding the cancellation of
affiliation granted to the institution in question. The arbitrary acts
of the Managing Committee are referred to in the order of the
Director, Secondary Education, which, although been set aside on
jurisdictional grounds, were noted by the District Appellate
Authority and relied upon by the Additional Chief Secretary,
Department of Education, in Memo No. 563 dated 09.03.2019.
However, such reference may not have been very essential, as
there was an independent finding rendered by the District
Appellate Authority that the termination orders of the petitioners
are illegal and unsustainable in law, as indicated in the preceding
paragraphs, which has been approved by the State Appellate
Authority.
10. Considering the submission of the parties, this
Court finds that since the termination of the services of these
petitioners from the school in question has already been set
aside and the said order has attained finality and there has been
no challenge by the Managing Committee of the School of the
order passed by the District Appellate Authority and State
Appellate Authority, they are bound to comply the directions
issued by the authorities, which is created under the Statute for
Patna High Court CWJC No.3525 of 2019 dt.19-01-2026
11/11
addressing the grievances of such nature and since the forum
which is created under the Statute has already adjudicated and
held the order to be bad in law, the Managing Committee is
under legal obligation to bring such order to its logical end by
complying the same, for which this Court directs that the
Managing Committee would take all necessary steps to comply
the said order within a period of eight weeks from the date of
receipt of this order and if the petitioners are found entitled to
any benefits the same shall also be extended.
11. On adjudication, the benefits for which the
petitioners are found entitled on reinstatement, the same shall be
made from the funds which has already been released in their
favour, which consideration shall be also made within the same
period.
12. With the aforesaid observations and direction,
the instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 30.01.2026
Transmission Date NA
Checking your session…