Patna High Court
Vijay Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the petitioner may file a fresh representation before the District Teachers Promotion Committee within one month, and the respondents must decide it within four months, applying the Full Bench precedent on the validity of the qualification.
Summary
Vijay Kumar Paswan, a teacher in Nawada, filed a writ seeking a mandamus directing the District Teachers Promotion Committee to consider his claim for promotion to the Graduate Trained Scale and the post of Headmaster, based on his Sahitya Alankar qualification which was earlier deemed unrecognised but later validated by a Full Bench judgment of this Court (CWJC No.11255 of 2016). He argued that under Rules 8 and 9 of the Elementary School Teachers Promotion Rules, 2011, he is entitled to the promotion after completing eight years in the Matric‑trained scale. The State of Bihar raised no objection to his prayer. The Court, relying on the Full Bench precedent, granted the petitioner liberty to file a fresh representation before the concerned officials within one month and directed that the representation be decided within four months with a reasoned order. If the petitioner is found entitled, the promotion and related benefits must be granted within two months of the final order. The writ application was therefore disposed of with these directions.
Issues considered
- Whether the petitioner’s Sahitya Alankar qualification, now recognized by a Full Bench judgment, entitles him to promotion under Rules 8 and 9 of the Elementary School Teachers Promotion Rules, 2011.
- Whether the respondents are obligated to consider the petitioner’s claim and pass a reasoned order within a stipulated time.
Subjects
- teachers' promotion
- Graduate Trained Scale
- Headmaster appointment
- mandamus
- Elementary School Teachers Promotion Rules, 2011
- Full Bench precedent
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3737 of 2026
======================================================
Vijay Kumar Paswan Son of Late Basudeo Paswan, Resident of Village and
P.O.- Bauri, P.S.-Kashichak, Warsaliganj, District- Nawada, present address
Mohalla- Shiv Nagar, Postmortem Road, Ward No.-16, P.O. and P.S. and
District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Additional Chief Secretary -cum- Principal Secretary, Education
Department, Government of Bihar, Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The District Magistrate, Nawada.
5. The Regional Deputy Director of Education, Magadh Division, Gaya.
6. The District Education Officer, Nawada.
7. The District Education Officer -cum- the Chairman of District Teachers
Promotion Committee, Nawada.
8. The District Programme Officer (Establishment), Nawada.
9. The District Programme Officer (Establishment) -cum- the Member
Secretary of District Teachers Promotion Committee, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Muskan Singh, Adv
For the Respondent/s : Mr. Government Pleader 03
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“(i) For issuance of a writ in the
Patna High Court CWJC No.3737 of 2026(2) dt.24-03-2026
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nature of mandamus commanding and
directing upon the Respondents concerned
specially Respondent No. 7 and 9 to
consider the claim of petitioner for grant of
Graduate Trained Scale after completion of
8 years in Matric trained scale as well as on
the post of Headmaster having possessed
academic qualification f Post Graduate in
view of Rule 8 and 9 of Elementary School
Teachers Promotion Rule 2011 in view of the
fact that the petitioner has enhanced their
respective qualification of Sahitya Alankar
from Deoghar Vidya Peeth prior to
27.08.2008 but their claim was not
considered on the plea that validity of degree
of Sahitya Alankar from Deoghar Vidya
Peeth is not recognised by the State
Government but now the issue of validity of
Sahitya Alankar has been decided by Full
Bench of this Hon'ble Court in C.W.J.C. No.
11255 of 2016 disposed of vide order dated
22.08.2019 reported in 2019(3) PLJR Page
1291 and as such the petitioner is entitled to
be considered for promotion from the date of
their entitlement.
(ii) For further direction upon the
Respondents concerned to grant the
promotion in Graduate trained scale as well
as on the post of Headmaster from the date
of entitlement in view of promotion Rules
Patna High Court CWJC No.3737 of 2026(2) dt.24-03-2026
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and pay the consequential monetary benefits
to the petitioner.
(iii) For further direction upon the
Respondents concerned to shift the date of
promotion in Graduate trained scale as well
as on the post of Headmaster as per
entitlements of the petitioner.
(iv) Any other order/orders for
granting any other relief/reliefs for which the
petitioner is found entitled to in the facts and
circumstances of the case.”
4. While advancing argument, learned counsel for the
petitioner submits that the case of the petitioner is covered by a
Full Bench judgment of this Court dated 22.08.2019 passed in
CWJC No. 11255 of 2016 (Ramashankar Patel & Ors vs The
State of Bihar & Ors) and analogous case. Learned counsel for
the petitioner, therefore, submits that the petitioner is ready to
file a fresh representation before the District Education Officer-
cum-the Chairman of District Teachers Promotion Committee,
Nawada (respondent no. 7) and the District Programme Officer
(Establishment)-cum-Member Secretary of District Teachers
Promotion Committee, Nawada (respondent no. 9) in light of
the said Full Bench judgment and prays that an appropriate
direction be issued to the respondent no. 7 and respondent no. 9
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to dispose of the representation which would be filed by the
petitioner within a fixed time frame, after giving an opportunity
of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of granting liberty to the petitioner to file a fresh
representation before the District Education Officer-cum-the
Chairman of District Teachers Promotion Committee, Nawada
(respondent no. 7) and the District Programme Officer
(Establishment)-cum-Member Secretary of District Teachers
Promotion Committee, Nawada (respondent no. 9) within one
month from today, relying upon the Full Bench judgment dated
22.08.2019 passed in CWJC No. 11255 of 2016 (Ramashankar
Patel & Ors vs The State of Bihar & Ors) and analogous case. If
such a representation is filed within the stipulated time then the
same shall be disposed of within a period of four months from
the date of filing of the representation, after giving an
opportunity of hearing to the petitioner. Needless to emphasize
that the final order which shall be passed by the respondent no.
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7 and respondent no. 9 should be a reasoned and speaking order.
It is further made clear that in case, the petitioner is found
entitled to the relief which he would be claiming through the
representation relying upon the Full Bench judgment dated
22.08.2019 passed in CWJC No. 11255 of 2016, the same
should be extended to the petitioner within a further period of
two months from the date of passing of the final order.
7. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kiran/-
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