Patna High Court

Himanshu KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: ALLOWED
Bench: RITESH KUMAR

Holding

The Court set aside the termination orders and directed the petitioner’s reinstatement with all consequential benefits.

Summary

The petitioner, a Panchayat Teacher, was terminated twice on the ground that his degree from the Central Board of Higher Education, New Delhi was invalid. Earlier, a coordinate bench of this Court had quashed a similar termination order, recognizing the board’s certificates as valid for appointment. Despite that, the respondent authorities again terminated his services in 2024 without complying with the 2019 directions. The petitioner filed a writ petition seeking quashing of the latest termination order, reinstatement, and payment of back wages. The Court found that the impugned orders violated the earlier judgment and were passed without proper verification, and therefore set them aside. The petitioner was ordered to be reinstated with all consequential benefits, and the Director of Primary Education was directed to investigate the violation.

Issues considered

Whether the termination of the petitioner’s services on the ground of an allegedly invalid degree is lawful in view of the earlier judgment recognizing the Central Board of Higher Education, New Delhi certificates.
Whether the impugned orders violate the directions of the coordinate bench in C.W.J.C. No. 6159 of 2016.
Whether the Central Board of Higher Education, New Delhi is a recognised institution for teacher appointments under Bihar regulations.
Whether mandamus for reinstatement and payment of back wages is appropriate.

Subjects

termination
reinstatement
teacher appointment
degree recognition
certiorari
mandamus
public service
Bihar
Central Board of Higher Education

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3699 of 2025
======================================================
Himanshu Kumar Son of Shri Awadhesh Sharma, resident of Ward No. 03,
P.S. - Naubatpur, Bela, Naubatpur, District- Patna. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resources
Development Department, Government of Bihar at Patna.
2. The Director, Primary Education, Bihar at Patna.
3. The District Magistrate, Patna.
4. The District Superintendent of Education, Patna.
5. The District Programme Officer (Establishment), Patna.
6. The Block Development Officer (B.D.O) cum Secretary, Block Teachers
Employment Committee, Naubatpur, District- Patna.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanchay Srivastava, Sr. Standing Counsel
: Mr. Sushant Srivastava, Advocate
: Mrs. Sonali Priya, Advocate
For the Respondent/s : Mr. Government Pleader (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER

2 21-01-2026 Heard the parties.

2. The present writ petition has been filed for the

following reliefs:-

I. That the present Writ Application is being
filed for issuance of an appropriate
writ(s)/ order(s) or direction(s) in the
nature of certiorari for quashing and
setting-aside Office Order vide Memo No.
1593 dated 28.09.2024 (contained in
Annexure-P-19) issued by respondent no.
6 by which the services of the petitioner as
a Panchayat Teacher has been terminated
on the ground that the said termination is
bad in law and not sustainable in the eyes
Patna High Court CWJC No.3699 of 2025(2) dt.21-01-2026
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of law;
II. That the present Writ Application is being
filed for issuance of an appropriate
writ(s)/ order(s) or direction(s) in the
nature of certiorari for quashing and
setting-aside Order vide Memo No. 6460
dated 19.07.2023 (contained in Annexure-
P-17) passed by the District Programme
Officer (Establishment), Patna;
III. That the present Writ Application is being
filed for issuance of an appropriate
writ(s)/ order(s) or direction(s) in the
nature of mandamus for a direction to the
concerned respondent authorities to
reinstate the petitioner on his post and
further to provide all the consequential
benefits to him;
IV. That the present Writ Application is being
filed for issuance of an appropriate
writ(s)/ order(s) or direction(s) in the
nature of mandamus for a direction to the
concerned respondent authorities to make
payment of all the unpaid back wages and
payments with regard to other
consequential benefits in accordance with
the Order dated 06.08.2019 passed in
C.W.J.C. No. 6159 of 2015;
3. It is the case of the petitioner that he was appointed

on the post of “Shiksha Mitra” in Middle School Bara,

Naubatpur for eleven months on 24.02.2003 and, subsequently

by the Government notification, all Shiksha Mitra were treated
Patna High Court CWJC No.3699 of 2025(2) dt.21-01-2026
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to be Panchayat Teachers and by virtue of the same, the

petitioner also became Panchayat Teacher. The petitioner passed

Teacher Eligibility Test (TET) in the year, 2009.

4. It is further case of the petitioner that he had

obtained degree from Central Board of Higher Education, New

Delhi, in the year 2001, which is a recognised institution and the

certificates issued by the same are treated to be equivalent to

matriculation and intermediate school certificates of Bihar. It

has further been contended that a Division Bench of this Court

vide its order dated 02.07.1992 passed in C.W.J.C. No. 2207 of

1991 has observed that “according to the respondent, the

examination conducted by the Central Board of Higher

Education was recognised by the State of Bihar as equivalent to

matric examination from the year 1975.”

5. It has also been contended on behalf of the

petitioner that an enquiry was conducted by the Block Education

Officer with respect to the certificates granted by the Central

Board of Higher Education, New Delhi and it was

communicated to the District Programme Officer

(Establishment), Patna vide letter no. 121 dated 13.02.2015 by

which it is established that Central Board of Higher Education,

New Delhi is a recognised institution.
Patna High Court CWJC No.3699 of 2025(2) dt.21-01-2026
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6. It has further been contended on behalf of the

petitioner that vide office order dated 14.12.2015 issued by the

Block Development Officer, the services of the petitioner was

terminated on the ground that the certificate obtained by him

from the Central Board of Higher Education, New Delhi has

been declared as invalid. The petitioner assailed the said

termination order by filing a writ petition bearing C.W.J.C. No.

6159 of 2016 and a co-ordinate Bench of this Court by an order

dated 06.08.2019 allowed the writ petition, relevant portion of

which is being quoted hereinbelow:-

“ Considering the decision of the Division
Bench dated 2.7.1992, this Court is left
with no option to quash the order dated
27.11.2012, as contained in Annexure-2
and the follow up order dated 14.12.2015,
as contained in Annexure-1. They are,
accordingly, quashed.
The respondents are directed to reinstate
the petitioner with all consequential
benefits. However, liberty shall be
available to the respondents to take fresh
appropriate decision in the light of the
Division Bench order dated 2.7.1992.”
7. Pursuant to the order dated 06.08.2019, the

petitioner was reinstated and gave his joining, but again vide

letter no. 6174 dated 08.07.2023 issued by the District

Programme Officer (Establishment), Patna, a show cause was
Patna High Court CWJC No.3699 of 2025(2) dt.21-01-2026
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issued to the petitioner to produce document/evidence with

regard to the validity of his degree/certificate from the Central

Board of Higher Education, New Delhi. The petitioner gave a

detailed reply and the same was received on 07.08.2023.

Thereafter, another show-cause was issued to the petitioner and

after the reply submitted by the petitioner by the impugned order

contained in Memo No. 1593 dated 28.09.2024 issued under the

signature of the Member Secretary, Block Teachers Employment

Unit-Cum-Block Development Officer, Naubatpur, the services

of the petitioner was again terminated on the ground that the

certificate obtained from the Central Board of Higher Education,

New Delhi has been declared to be invalid.

8. A counter affidavit has been filed on behalf of

the respondent no.5 i.e. the District Programme Officer

(Establishment), Patna wherein stand has been taken that the

Central Board of Higher Education, New Delhi has not been

recognised by the State of Bihar as a valid institution and the

institution has not been included in the list of recognized

institution in the State of Bihar, therefore, the degree awarded

by the institution is not valid for appointment of teachers, as

such the petitioner has rightly been terminated by the concerned

Panchayat.
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9. The District Programme Officer (Establishment),

Patna further relied on an order dated 26.03.2012 passed in

C.W.J.C. No. 16124 of 2011, wherein a Co-ordinate Bench of

this Court has observed that by a notification issued by the

Principal Secretary, Human Resources Development

Department, Government of Bihar, Patna, the Secondary Board

of Higher Education, New Delhi has been treated to be a fake

institution issuing fake degree. The said decision has been

affirmed in L.P.A. No. 899 of 2017 vide order dated 18.11.2019.

10. From the perusal of the materials available on

the record, I find that no document has been brought on record

by the District Programme Officer (Establishment), Patna to

show that the degree awarded by the Central Board of Higher

Education, New Delhi has been declared to be not recognised by

the State of Bihar and the only document which has been

brought on record by the District Programme Officer

(Establishment), Patna is the orders passed by this Court

wherein the degree issued by the Secondary Board of Higher

Education, New Delhi has been treated to be fake institution

granting fake degree.

11. It appears that the District Programme Officer

(Establishment) and the Member Secretary, Block Teachers
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Employment Unit-Cum-Block Development Officer, Naubatpur,

without verifying that whether both the degrees are same and

similar, have issued the impugned order contained in Memo No.

1593 dated 28.09.2024. The degree issued by the Central Board

of Higher Education, New Delhi has been treated to be valid

degree by the State of Bihar and this fact has been noticed in the

earlier writ petition filed by the petitioner i.e. C.W.J.C. No. 6159

of 2016 wherein by order dated 06.08.2019 the Co-ordinate

Bench of this Court had allowed the writ petition and quashed

the order of termination of the petitioner as well as the letter no.

793 dated 27.11.2012, by giving liberty to take appropriate

decision in the light of the Division Bench order dated

02.07.1992. The Member Secretary Block Teachers

Employment Unit-Cum-Block Development Officer, Naubatpur,

by the impugned order dated 28.09.2024 has again without

complying with the directions issued vide order dated

06.08.2019 passed in C.W.J.C. No. 6159 of 2016 terminated the

services of the petitioner on the same ground.

12. After going through the documents on records

and after hearing the parties, I am of the opinion that the orders

impugned have been passed in gross violation of the directions

given by a Co-ordinate Bench of this Hon’ble Court in C.W.J.C.
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No. 6159 of 2016 and therefore, is liable to be set aside and

accordingly is hereby set aside.

13. The petitioner is directed to be reinstated in

service forthwith with all consequential benefits. The Director,

Primary Education is directed to seek an explanation from the

Member Secretary, Block Teachers Employment Unit-Cum-

Block Development Officer, Naubatpur that under what

circumstances he has again terminated the services of the

petitioner on the same letter no. 793 dated 27.11.2012, when the

said letter was already quashed by a Co-ordinate Bench of this

Court vide order dated 06.08.2019 passed in C.W.J.C. No. 6159

of 2016 and if the Director, Primary Education, Department of

Education, Government of Bihar, Patna comes to the conclusion

that action of the Member Secretary, Block Teachers

Employment Unit-Cum-Block Development Officer, Naubatpur

is in violation of the directions contained in order dated

06.08.2019 passed in C.W.J.C. No. 6159 of 2016, then

appropriate action be taken against him in accordance with law.

14. Accordingly, the writ petition is allowed with

aforementioned observations and directions.

(Ritesh Kumar, J)
AjayMishra/-
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