Patna High Court
Ranjan Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that the petitioners must first file a representation before the Regional Deputy Director of Education, who must adjudicate the claim within the prescribed time.
Summary
A group of teachers filed a writ petition seeking to be recognized as Exclusive Teachers after passing the 2024 competency test and to receive unpaid salaries dating back to 2015. They claimed they were initially appointed as Panchayat Teachers, were not paid any salary, and continued to be unpaid even after qualifying as Exclusive Teachers. The State argued that the petitioners should first file a representation before the Regional Deputy Director of Education for redress. The Court directed the petitioners to submit a representation with supporting documents within four weeks and ordered the respondent to adjudicate the claim and pass necessary orders within eight weeks, extending any entitled benefits. The writ application was disposed without a substantive ruling on the merits.
Issues considered
- Whether the petitioners are entitled to be declared Exclusive Teachers and awarded back salary without first filing a representation.
- Whether the court can direct the administrative authority to adjudicate the claim before hearing the substantive merits.
- Whether the benefits claimed by the petitioners can be extended pending administrative adjudication.
Subjects
- teacher recruitment
- competency test
- exclusive teacher
- salary arrears
- writ jurisdiction
- representation
- public service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3937 of 2026
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1. Ranjan Kumar Choudhary S/o- Lakshmi Narayan Choudhary Resident of
Village- Harnathpur, P.S.- Sajaur, District- Bhagalpur (Bihar).
2. Deepak Kumar, Son of Jairam Mandal Resident of Village- Lattipur, P.S.-
Bihpur, District- Bhagalpur (Bihar).
3. Santosh Kumar Mandal, Son of Ramdev Mandal Resident of Village-
Bishanpur Jichhi, P.S.- Lodipur, District- Bhagalpur (Bihar).
4. Hemlata, Daughter of Durga Prasad Mehta Resident of Village- Aliganj
Maheshpur, P.S.- Mujahidpur, District- Bhagalpur (Bihar).
5. Shobha Kumari, Daughter of Sudhir Yadav Resident of Village- Baliya,
Rupauli, District- Purnia (Bihar).
6. Sarita Kumari, Daughter of Ramdev Mandal Resident of Village- Bazar,
P.S.- Barari, District- Bhagalpur (Bihar).
7. Sanjay Kumar Yadav, Son of Late Ganesh Prasad Yadav Resident of Village-
Choti Goddi, P.S.- Kajraili, District- Bhagalpur (Bihar).
8. Vikash Kumar, Son of Chandeshawari Prasad Yadav Resident of Village-
Chausa, P.S.- Chausa, District- Madhepura (Bihar).
9. Ankit Kumar, Son of Bharat Mandal Resident of Village- Chammachak,
P.S.- Goradih, District- Bhagalpur (Bihar).
10. Radheshyam Tanti, Son of Tetar Tanti Resident of Village- Salpur, P.S.-
Goradih, District- Bhagalpur (Bihar).
11. Prerna Kumari, Daughter of Chandradev Prasad Resident of Village-
Badiallalpur, P.S.- Parbatta, District- Bhagalpur (Bihar).
12. Md. Imam Alam @ Imam Ansari, Son of Md. Jalaluddin Resident of
Village- Baliya, P.S.- Rupauli, District- Purnia (Bihar).
13. Meera Kumari, Daughter of Tekan Mandal Resident of Village-
Gangaprasad Matauriya, P.S.- Madhusudanpur, District- Bhagalpur (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The District Magistrate, Bhagalpur.
4. The Regional Deputy Director of Education, Bhagalpur.
5. The District Education Officer, Bhagalpur (Bihar).
6. The District Programme Officer (Establishment), Education Department,
Bhagalpur.
7. The Block Development Officer, Goradih, (Bhagalpur), Bihar.
... ... Respondent/s
Patna High Court CWJC No.3937 of 2026(2) dt.24-03-2026
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======================================================
Appearance :
For the Petitioner/s : Mr. Lalan Kumar
For the Respondent/s : Government Pleader (26)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioners and
learned counsel for the respondents.
2. The instant writ application has been filed for the
following reliefs:-
(i) For directing the respondent authorities to treat
the petitioners as Exclusive Teacher having passed
the competency test for local bodies teacher, 2024
and direct the respondent authorities to appoint the
petitioners as Exclusive Teacher w.e.f dates
similarly situated teacher have been appointed as
such.
(ii) For directing the respondent authorities to pay
the petitioners their entire salary with effect from
the dates of their employment as Panchayat
Teacher.
(iii) For any other relief(s) for which the
petitioners are entitled in the facts and
circumstances of the case.
3. Learned counsel for the petitioners submits that the
petitioners were initially appointed as Panchayat Teachers and,
after being declared successful in the Competency Test for
Local Bodies Teachers, 2024, they are stated to have joined as
Exclusive Teachers. It is the case of the petitioners that, while
discharging their duties on the post of Panchayat Teachers, they
Patna High Court CWJC No.3937 of 2026(2) dt.24-03-2026
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have not been paid salary since the year 2015, and even after
having qualified as Exclusive Teachers, their salaries have not
been paid till date.
4. Learned counsel for the petitioners further submits
that the petitioners propose to file an appropriate representation
before the Regional Deputy Director of Education, Bhagalpur
(respondent no. 4), for redressal of their grievances within a
time frame as may be directed by this Court.
5. On the other hand, learned counsel for the State
submits that the petitioners may be directed to file an
appropriate representation for adjudication of their grievances,
and upon filing of such representation, the authorities would be
obliged to take appropriate decisions in the matter.
6. Considering the submissions of the parties, this
Court finds it appropriate to direct the petitioners to file a
representation before respondent no. 4, along with all supporting
materials, within a period of four weeks from today. Upon
receipt of such representation, respondent no. 4 is directed to
adjudicate the claim of the petitioners and pass necessary orders
within a period of eight weeks thereafter.
7. Needless to say, the benefits to which the
petitioners are found entitled shall also be extended in their
Patna High Court CWJC No.3937 of 2026(2) dt.24-03-2026
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favour within the same time frame.
8. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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