Patna High Court
Naveen Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The petitioners are to be promoted as per the applicable rules, and the respondent must implement the promotion within ten weeks, subject to the pending appeal.
Summary
A group of 60 primary school teachers from Madhubani district filed a writ petition seeking promotion to Graduate Trained Teacher and Headmaster positions under Rule 15(cha) of the Bihar Panchayat Teacher (Recruitment and Service Conditions) Rules, 2012, after completing the requisite 12 years of continuous satisfactory service and obtaining the necessary qualifications. They argued that denial of promotion violated Articles 14, 16 and 21 of the Constitution and the provisions of Section 23 of the Right to Education Act, 2009. The court relied on its earlier judgment in CWJC No. 2511 of 2025, which held that such teachers are entitled to promotion and that the State’s inaction amounts to a statutory violation, citing the Apex Court’s decision in Panchraj Tiwary. The State had filed a Letter Patent Appeal (No. 1095 of 2025) pending before a Division Bench. The High Court directed the District Education Officer to prepare a gradation list and grant the promotions within ten weeks, subject to the Division Bench’s order, and disposed of the writ petition.
Issues considered
- The entitlement of primary school teachers to promotion under Rule 15(cha) after 12 years of continuous service and requisite qualifications.
- Whether denial of such promotion violates Articles 14, 16, 21 of the Constitution and Section 23 of the Right to Education Act, 2009.
- The effect of a pending Letter Patent Appeal on the execution of the lower court’s order.
Legislation cited
- Right to Education Act, 2009 — s. 23(2), 23(3)
Subjects
- teacher promotion
- service conditions
- Right to Education Act
- Articles 14,16,21
- Bihar education department
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4212 of 2025
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1. Naveen Kumar Jha S/O- Uday Kant Jha, Resident of Ward No. 7, Rahika,
P.S- Rahika, District-Madhubani.
2. Farman Ali Mansoori, S/O-Zamiruddin Mansoori, Resident of Ward No. 03,
Pahra, P.S- Khirhar, District- Madhubani.
3. Bajrangi Prasad, S/O- Siyaram Prasad, Resident of Village Akaha, P.S-
Madhawapur, District-Madhubani.
4. Rekha Kumari, W/O- Anil Kumar Jha, Resident of Ward No. 8, Malangia,
P.S- Rahika, District-Madhubani.
5. Binod Kumar, S/O - Basudev Singh, Resident of Village- Fulhar, P.S-
Harlakhi, District- Madhubani.
6. Bipin Kumar, S/O- Shankar Prasad, Resident of Village Gangaur, P.S-
Harlakhi, District-Madhubani.
7. Harishchandra Das, S/O - Ram Prasad Das, Resident of Village-
Kamlapatpatti, P.S- Harlakhi, District-Madhubani.
8. Bhalsari Devi, S/O- Ramlal Paswan, Resident of Ward No. 14, Jonki, P.S-
Basopatti, District-Madhubani.
9. Ram Shrest Yadav, S/O -Ramashray Yadav, Resident of Village- Kalna, P.S-
Harlakhi, District-Madhubani.
10. Shivshankar Prasad, S/O Rambahadur Prasad, Resident of Village Gangaur,
P.S- Harlakhi, District- Madhubani.
11. Om Prakash Byar, S/O - Ram Kripal Byar, Resident of Village Khauna, P.S-
Basopatti, District-Madhubani.
12. Rajeev Kumar Ranjan, S/O- Ram Bilash Thakur, Resident of Village-
Simrdhi Jonki, P.S- Basopatti, District-Madhubani.
13. Nand Lal Jha, S/O- Kusheshwar Jha, Resident of Village Selibeli Chitahi,
P.S- Basopatti, District-Madhubani.
14. Anil Kumar, S/O- Ram Nandan Mahto, Resident of Village- Selibeli Chitahi,
P.S- Basopatti, District-Madhubani.
15. Pashupati Nath Jha, S/O-Dharmdutt Jha, Resident of Village Jonki, P.S-
Basopatti, District-Madhubani.
16. Madan Mandal, S/O- Makhan Mandal, Resident of Village- Kamalapatpatti,
P.S- Harlakhi, District-Madhubani.
17. Sanjeev Kumar Thakur, S/O-Ramashish Thakur, Resident of Village-
Kamalapatpatti, P.S- Harlakhi, District- Madhubani.
18. Md. Tufail, S/O- Md. Issa, Resident of Village- Khauna, P.S- Harlakhi,
District- Madhubani.
19. Ganesh Yadav, S/O- Rajeshwar Yadav, Resident of Village Kamtaul, P.S-
Harlakhi, District. Madhubani.
20. Radha Kumari, W/O Yadunandan Yadav, Resident of Village Kamtaul, P.S-
Harlakhi, District- Madhubani.
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21. Ram Babu Sah, S/O-Parmeshwar Sah, Resident of Village- Parsa, P.S-
Harlakhi, District. Madhubani.
22. Binod Kumar, S/O- Laxmi Yadav, Resident of Village- Kamtaul, P.S-
Harlakhi, District- Madhubani.
23. Pradip Safi, S/O- Murat Safi, Resident of Village- Hisardeorhi, P.S-
Harlakhi, District- Madhubani.
24. Sadhana Kumari, W/o-Mithila Bihari Shukla, Resident of Village- Sonai,
P.S- Khirhar, District-Madhubani
25. Binod Kumar, S/O- Surya Naraan Yadav, Resident of Village Mnoharpur,
P.S- Harlakhi, District-Madhubani.
26. Bhogendra Yadav, S/O-Kusheshwar Yadav, Resident of Village- Kalna, P.S-
Harlakhi, District-Madhubani.
27. Ajit Kumar Jha, S/O- Braj Kumar Jha, Resident of Village- Barha, P.S-
patauna bisfi, District- Madhubani.
28. Sudhir Kumar Singh, S/O-Dhanpati Singh, Resident of Village- Chatara,
P.S- Khajauli, District-Madhubani.
29. Ram Prakash Paswan, S/O-Gangdeo Paswan, Resident of Village-
Hererampatti Dumri, P.S-Rahika, District- Madhubani.
30. Kailash Sahu, S/O- Bindeshwar Sahu, Resident of Village Basuara, P.S-
sadar madhubani, District-Madhubani.
31. Kanhaiya, S/O- Raj Kishor, Resident of Village- Nanarh, P.S- Kaluahi,
District- Madhubani.
32. Yogendra Ram, S/O- Dukhi Ram, Resident of Village- Narar, P.S- Kaluahi,
District- Madhubani
33. Sunita Singh, W/O- Surendra Prasad, Resident of Village Gangaur, P.S-
Harlakhi, District. Madhubani.
34. Indra Raman Kumar, S/O. Parmanand Kunwar, Resident of Village
Malangia, P.S- sadar madhubani, District- Madhubani.
35. Dhiraj Kumar Jha, S/O- Shambhu Nath Jha, Resident of Village Bihnagar,
P.S- Pandaul, District-Madhubani.
36. Urmila Devi, W/O- Devendra Yadav, Resident of Village Salempur, P.S-
Saharghat, District-Madhubani.
37. Bimal Kumari, W/O- Shyam Yadav, Resident of Village Salempur, P.S-
Saharghat, District-Madhubani.
38. Shastri Pandit, S/O- Ganga Pandit, Resident of Village bokaha east, P.S-
Saharghat, District- Madhubani.
39. Vinod Sahu, S/O- Brij Lal Sahu, Resident of Village-Salempur, P.S-,
Saharghat, District- Madhubani.
40. Jayanti Kumari, W/O- Gulab Jha, Resident of Village- Basuki Bihari Uttari
Tole, P.S- Madhwapur, District-Madhubani.
41. Kalpana Kumari, W/O- Sanjeev Kumar Dwivedi, Resident of Village
Piraukhar, P.S- Madhwapur, District-Madhubani.
42. Mahesh Sahani, S/O- Bujhawan Sahani Kayasth, Resident of Village
Patna High Court CWJC No.4212 of 2025 dt.12-01-2026
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Piraukhar, P.S- Madhwapur, District- Madhubani.
43. Basant Kumar Dwivedi, S/O-Nand Kishore Dwivedi, Resident of Village
Piraukhar, P.S-Madhwapur, District- Madhubani.
44. Brahmdeo Raut, S/O-Ramparikshan Raut, Resident of Village- baratol, P.S-
Saharghat, District- Madhubani.
45. Pramod Ray, S/O- Laxman Ray, Resident of Village- Balwa, P.S-
Madhwapur, District- Madhubani.
46. Pinki Kumari, S/O- Arun Kumar Mishra, Resident of Village Bairva, P.S-
Madhwapur, District-Madhubani.
47. Vijay Kumar Prasad, S/O- Ram Ekwal Yadav, Resident of Village- Bairwa,
P.S- Madhwapur, District. Madhubani.
48. Shankar Kumar Jha, S/O- Vijay Kant Jha, Resident of Village Bithuar, P.S-
Pandaul, District- Madhubani.
49. Manoj Kumar, S/O- Mahesh Yadav, Resident of Village Mahadevpatti, P.S-
Harlakhi, District-Madhubani.
50. Krishna Bhushan Kumar, S/O-Ramaavtar Yadav, Resident of Village Datar,
P.S- Khajauli, District-Madhubani.
51. Durga Kumari, W/O- Arun Kumar Thakur, Resident of Village- Sambhuar,
Salempur, P.S-Madhubani, District- Madhubani.
52. Ruby Kumari, W/O- Mahabir Jha, Resident of Village- Pachadhi, P.S-
Pandaul, District- Madhubani.
53. Kumari Vidya, W/O- Harihar Mahara, Resident of Village Selra, P.S- Jay
Nagar, District-Madhubani.
54. Naresh Kumar Mahto, S/O-Jagdish Mahto, resident of village- near masjid,
Katai, bhowara, P.S-madhubani sadar, district- Madhubani.
55. Mohan Kumar Mishra, S/O-Chandra Kumar Mishra, resident of village-
ward no. 3, Bihnagar, P.S-pandaul, district- Madhubani.
56. Sudha Devi, W/O- Rajendra Safi, resident of village-Bihnagar, P.S- pandaul,
district- Madhubani.
57. Rani Devi, W/O- Sachidanand Jha, resident of village-Bihnagar, P.S-
pandaul, district-Madhubani.
58. Suresh Mochi, S/O- Ruplal Ram, resident of village barahgoriya, udaypur,
bitthwar, P.S- pandaul, district- Madhubani.
59. Amar Nath Thakur, S/O- Bhola Thakur, resident of village- fattehpur belahi,
ward no. 7, P.S- pandaul, district- Madhubani.
60. Naveen Kumar, S/O- Krit Narayan Ray, resident of village- barahgoriya,
udaypur, bitthwar, P.S-pandaul, district- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Director, Primary Education, Government of Bihar, Patna.
Patna High Court CWJC No.4212 of 2025 dt.12-01-2026
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3. The District Magistrate, Madhubani.
4. The District Education Officer, Madhubani.
5. The District Programme Officer (Establishment), Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Thakur, Adv.
Mr. Prabhakar Thakur, Adv.
For the Respondent/s : Ms. Vartika K Kashyap, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 12-01-2026
Heard Mr. Baidyanath Thakur, learned Advocate
assisted by Mr. Prabhakar Thakur, learned Advocate for the
petitioners and Ms. Vartika K Kashyap, learned Advocate for the
State.
2. The petitioners have approached this Court for the
following reliefs:-
“(i) for direction to the
respondent no. 4 to grant the promotion
in Graduate trained Teacher in terms of
rule 15 (Cha) (i) of Bihar Panchayat
Teacher (Recruitment and Service
Conditions) Rule, 2012 after successfully
completing 12 years continuous
satisfactory service from the date of
acquiring the required training for the
purpose of promotion in next fixed salary.
(ii) For direction to the
respondent no. 4 to fill up the 50% post of
graduate teacher by way of promotion
under 50% quota reserved for promotion
for the teacher holding graduate degree
in terms of rule 15(cha) (ii) who have
successfully completed 8 years
continuous satisfactory service in basic
Patna High Court CWJC No.4212 of 2025 dt.12-01-2026
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grade.
(iii) For direction to the
respondent no. 04 to grant the promotion
to the petitioner on the post of
headmaster under 50% quota reserved
for promotion on the ground that the
petitioner have become graduate trained
teacher after successful completion of 12
years of continuous satisfactory service in
basic grade in terms of rule 15 (Cha) (i)
of Bihar Panchayat Teacher (Recruitment
and Service Conditions) Rule, 2012 and
the petitioners are eligible to be
considered for promotion on the post of
headmaster as the petitioners have also
successfully completed 5 years
continuous service as graduate grade.”
3. Learned Advocate for the petitioners, after some
arguments, submitted that the case of the petitioners is identical
to those of the writ petitioners of CWJC No. 2511 of 2025,
where the Court having taken every aspect of the matter held as
follows:-
“29. The concern of the
petitioners is that after completing
kalavadhi of 12 years of the continuous
service as Niyojit Teacher from their
effective dates of their appointment, they
became entitled for promotion and
financial upgradation is based on
statutory Provisions of Rules and denial
of promotion to them is in violation of
Articles 14, 16 and 21 of the Constitution
of India. Otherwise also, the petitioners
having obtained in service training in
terms of the mandate of Sub Section 2 of
Section 23 of the RTE Act, 2009 after
having fulfilled required qualifications in
Patna High Court CWJC No.4212 of 2025 dt.12-01-2026
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terms of NCTE Notifications dated
23.08.2010 and 29.07.2011, they became
entitled for requisite remuneration and
pay scale from the date of their acquiring
requisite academic qualifications by
maintaining uniformity in respect of all
the teachers of Primary Classes (Class 1-
V) in terms of Sub Section 3 of Section 23
of RTE Act, 2009. From the facts as
narrated above, I find that the statutory
Rule 15(cha) of Rules, 2012 and Rule 16
of Rules, 2020 provides for promotion
after completing 12 years of service.
Thus, non consideration for promotion of
the petitioners and like teachers at the
relevant time is solely attributable on the
part of the Education Department,
Government of Bihar and there is no fault
on the part of the teachers. The
petitioners and like teachers cannot be
denied the promotional benefit on
account of inaction on the part of the
respondent authorities. The Rules, 2012
and Rules, 2020 have been framed by the
State Government as per the mandate of
Sub Section 3 of Section 23 of RTE Act,
2009. Therefore, the Rules has to be
applied in uniform manner and inaction
on the part of the State Government can
only amount to be in violation of the
statutory Rules by deliberately denying
promotion to the petitioners and like
teachers, such action has been deprecated
by the Apex Court in the case of Panchraj
Tiwary (supra).
30. In above background, the
petitioners shall be treated to be
promoted and the respondents are legally
bound to carry on steps for granting
promotion in terms of Rules, 2012 and
Rules, 2020 to the petitioners and like
teachers who had already acquired in
Patna High Court CWJC No.4212 of 2025 dt.12-01-2026
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service qualification and who are still
continuing are entitled for promotion
from the due date as per their seniority
which is required to be given from the
date they had obtained the requisite
qualification in terms of RTE Act, 2009.
31. The respondents are
directed to first prepare a gradation list
of all such teachers and give promotion
by working out inter se seniority in
accordance with law within three months
from the date of communication of this
order.
32. In light of the discussions
made hereinabove and governing Rules
and the law laid down by the Apex Court,
the writ petition is allowed. There is no
order as to costs.”
4. Learned Advocate for the State fairly submitted that
against the order aforenoted, the State has preferred Letters
Patent Appeal bearing No. 1095 of 2025, which is pending
consideration before the learned Division Bench.
5. At this juncture, learned Advocate for the
petitioners submitted that there is no order of stay of the
operation of the impugned order; and moreover, for redressal of
the above referred grievance, the petitioners have also filed a
detailed representation, which is placed as Annexures 4, 5 and 6
to the writ petition.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
Patna High Court CWJC No.4212 of 2025 dt.12-01-2026
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the contention of the petitioners, especially, that their cases are
covered with CWJC No. 2511 of 2025, this Court deems it fit
and proper to dispose off the writ petition with a direction to the
respondent no. 4, to consider the claim of the petitioners and
dispose off the same, in the light of the order passed in the
aforenoted case, preferably within a period of ten weeks’, from
the date of receipt/production of a copy of this order, with the
necessary consequential orders, if admissible in law.
7. Needless to observe that the order passed by the
District Education Officer shall be abide by the order passed by
the learned Division Bench of this Court in LPA No. 1095 of
2025.
8. Accordingly, the writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.01.2026
Transmission Date NA
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