Patna High Court

Dilip Kumar DasversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: HARISH KUMAR

Holding

The petitioners must be considered for promotion in accordance with the statutory rules, and the respondent is directed to complete the promotion process within ten weeks, subject to the pending appeal.

Summary

A large group of primary school teachers petitioned the Patna High Court seeking promotion to Graduate Trained Teacher, to graduate teacher posts under the 50% quota, and to headmaster positions, invoking Rule 15(cha) of the Bihar Panchayat Teacher (Recruitment and Service Conditions) Rules, 2012 and Rule 16 of the 2020 Rules after completing the requisite years of continuous satisfactory service and obtaining the required graduate qualification. They argued that denial of promotion violated Articles 14, 16 and 21 of the Constitution and the statutory provisions of the Right of Children to Free and Compulsory Education (RTE) Act, 2009. The Court relied on its earlier judgment in CWJC No. 2511 of 2025, which had held that such teachers are entitled to promotion and that the State’s inaction amounted to a violation of the rules and constitutional guarantees. The State had filed a Letter Patent Appeal (LPA No. 1095 of 2025) which was pending before a Division Bench. The Court directed the District Education Officer to prepare a gradation list and grant the promotions within ten weeks, subject to the outcome of the pending appeal, and disposed of the writ petition.

Issues considered

Whether the denial of promotion to teachers after completing the prescribed service period and obtaining graduate qualification violates the Bihar Panchayat Teacher Rules, 2012 and 2020, and Articles 14, 16 and 21 of the Constitution.
Whether the teachers are entitled to promotion under Rule 15(cha) of the 2012 Rules and Rule 16 of the 2020 Rules after 12 years of service and requisite qualifications.
Whether the pending Letter Patent Appeal (LPA No. 1095 of 2025) stays the enforcement of the earlier order granting promotion.

Legislation cited

Right of Children to Free and Compulsory Education Act, 2009 — s. 23(2), 23(3)

Subjects

teacher promotion
service conditions
Right to Education Act
constitutional equality
Bihar education department
statutory rules
writ petition

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4515 of 2025
======================================================
1. Dilip Kumar Das S/o Choudhary Das, Resident of Village- Ward No.4, P.S.-
Harlakhi, District- Madhubani.
2. Laxmi Sinha D/o- Ramprit Yadav, Resident of Village- Pachhagachhia, Ward
No.01, Gangaur, P.S.- Harlakhi, District- Madhubani.
3. Usha Kumari D/o- Baidyanath Yadav, Resident of Village- Ward No. 06,
Phulhar, P.S.- Harlakhi, District- Madhubani.
4. Ram Sagar Prasad S/o Bhikham Prasad, Resident of Village- Kamtaul, P.S.-
Harlakhi, District- Madhubani.
5. Hare Krishna Yadav S/o Sita Ram Yadav, Resident of Village-Gangaur, Ward
No. 04, P.S.- Harlakhi, District- Madhubani.
6. Satya Narayan Mandal S/o- Adhikari Mandal, Resident of Village- Bhgata
Tola, Bituhar, P.S.- Harlakhi, District- Madhubani.
7. Shivnath Safi S/o- Tinkauri Safi, Resident of Village- Uchhal Basopatti,
Ward No.07, P.S.- Basopatti, District- Madhubani.
8. Narayan Paswan S/o- Jagdish Paswan, Resident of Village- Mohanpur, Ward
No.11, P.S- Harlakhi, District- Madhubani.
9. Bhogendra Sahu S/o- Bujhawan Sahu, Resident of Village- Beta Parsa, P.S-
Harlakhi, District- Madhubani.
10. Kumar Narendra S/o- Surendra Prasad Singh, Resident of Village- Ward
No.12, Banagama, P.S- Narhiya (Madhubani), District- Madhubani.
11. Sitaram Paswan S/o- Suryanath Paswan, Resident of Village- Simradhi
(Jonki), P.S.- Basopatti, District- Madhubani.
12. Ramjeevan Paswan S/o- Late Nirgun Paswan, Resident of Village-
Sothgaon, P.S- Harlakhi, District- Madhubani.
13. Muneshwar Paswan S/o- Rajdeo Pawan, Resident of Village- Kamlapatpatti,
Ward No.02, P.S.- Harlakhi, District- Madhubani.
14. Md. Motiur Rahman S/o- Abdul Hamid Anshari, Resident of Village- Ward
No.04, Rahika, P.S.- Rahika, District- Madhubani.
15. Rani Kumari W/o- Raman Chaudhari, Resident of Village- Ward No.11,
Chatauni, P.S- Basopatti, District- Madhubani.
16. Kailash Prasad Mahto S/o Ramji Mahto, Resident of Village- Dargah
Chowk, Bhauara, Ward No.25, P.S- Madhubani, District- Madhubani.
17. Arya Nand Thakur S/o-Radha Kant Thakur, Resident of Village- Malangia,
P.S- Rahika, District- Madhubani.
18. Shashimita Kumari W/o- Prahlad Thakur, Resident of Village- Belatol, Ward
No.12, P.S.- Harlakhi, District- Madhubani.
19. Md. Haris S/o- Abdus Sakur, Resident of Village- Ward No.05, Islamganj,
Deodha Madhya Usrahi, P.S- Harlakhi, District- Madhubani.
20. Ram Naresh Mandal S/o- Rebi Kant Mandal, Resident of Village- Katharwa,
P.S.- Harlakhi, District- Madhubani.
21. Baidyanath Ram S/o- Firan Ram, Resident of Village- Ward No.04, Akour,
P.S- Benipatti, District- Madhubani.
Patna High Court CWJC No.4515 of 2025 dt.12-01-2026
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22. Kiran Kumari W/o- Manoj Kumar Jha, Resident of Village- Potgah,
Umgaon, P.S- Harlakhi, District- Madhubani.
23. Anita Kumari W/o- Manish Kumar Singh, Resident of Village- Phulhar,
Ward No.04, Umgaon Kothi, P.S- Harlakhi, District- Madhubani.
24. Binod Kumar Singh S/o- Ghuran Singh, Resident of Village- Phulhar, Ward
No.03, N.H.104, P.S- Harlakhi, District- Madhubani.
25. Lal Prasad Yadav S/o- Ram Narayan Prasad, Resident of Village- Kamtaul,
Pachgachhiya, Ward No.12, P.s.- Harlakhi, District- Madhubani.
26. Rekha Kumari W/o- Lalit Narayan Singh, Resident of Village- Malangia,
P.S.- Rahika, District- Madhubani.
27. Ratna Jha W/o- Braj Narayan Jha, Resident of Village- Malangia, P.S-
Rahika, District- Madhubani.
28. Md. Israil S/o- Md. Taiyab, Resident of Village- Maharniya, Ward No.04,
P.S.- Harlakhi, District- Madhubani.
29. Anjay Kumar Jha S/o- Uday Kant Jha, Resident of Village- Ward No.07,
Rahika, P.S.- Rahika, District- Madhubani.
30. Kumari Nita W/o- Rajendra Ram, Resident of Village- Ward No.13,
Umgaon, P.S- Harlakhi, District- Madhubani.
31. Sunita Devi W/o- Parmeshwar Prasad Sah, Resident of Village- Ward No.17,
Hatwariya, P.S.- Harlakhi, District- Madhubani.
32. Abdus Samad S/o- Md. Habibur Rahman, Resident of Village- Beta Parsa,
Ward No.09. P.S- Harlakhi, District- Madhubani.
33. Afsana Khatoon W/o- Md. Nasim Akhatar, Resident of Village- Ward No.02,
P.S.- Harlakhi, District- Madhubani.
34. Ramesh Kumar S/o- Siyaram Mahto, Resident of Village- Akaha, P.S-
Madhwapur, District- Madhubani.
35. Kamlesh Kumari W/o- Bhagya Narayan Mahto, Resident of Village- Akaha,
P.S.- Madhwapur, District- Madhubani.
36. Dilip Kumar S/o- Ramsagar Thakur, Resident of Village- Ward No. 09,
Pattar, Tariya, P.S- Saharghat, District- Madhubani.
37. Indira Kumari W/o- Dilip Kumar Thakur, Resident of Village- Ward No.09,
Pattar, Taraia, P.S- Saharghat, District- Madhubani.
38. Kanak Lala W/o- Chaturbhuj Thakur, Resident of Village- Andauli East,
P.S.- Madhwapur, District- Madhubani.
39. Raj Kumar Das S/o- Rajendra Das, Resident of Village- Ward No.09,
Basbariya, P.S- Saharghat, District- Madhubani.
40. Saraswati Kumari W/o- Shashi Kumar Sahu, Resident of Village- Ward
No.11, Basbariya, Sahar, P.S- Saharghat, District- Madhubani.
41. Ram Prabodh Yadav S/o Chandeshwar Yadav, Resident of Village- Ward No.
01, Pahipura, P.S- Saharghat, District- Madhubani.
42. Upendra Paswan S/o- Ramashees Pawan, Resident of Village- Sahar, P.S-
Saharghat, District- Madhubani.
43. Arun Kumar Singh S/o- Kameshwar Singh, Resident of Village- Ward
No.02, Barahgoriya, Udaypur, Bithwar, P.S.- Pandual, District- Madhubani.
Patna High Court CWJC No.4515 of 2025 dt.12-01-2026
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44. Nikhat Parween W/o- Md. Ayub, Resident of Village- Bihnagar, Biraul, P.S.-
Pandaul, District- Madhubani.
45. Ram Bilas Ram S/o- Bhilai Ram, Resident of Village- Biraul, P.S- Pandaul,
District- Madhubani.
46. Ghanshyam Sahu S/o- Ramsharan Sahu, Resident of Village- Bihnagar,
Biraul, P.S.- Pandaul, District- Madhubani.
47. Ranjan Kumar Mandal S/o- Dukhan Mandal, Resident of Village- Bihnagar,
Ward No.03, P.S- Pandaul, District- Madhubani.
48. Dilip Kumar Mishra S/o- Harishchandra Mishra, Resident of Village-
Salempur, Ward No.10, P.S- Pandaul, District- Madhubani.
49. Kumari Kavita W/o- Ashok Kishor Pandey, Resident of Village- Gamhariya,
P.S.- Basopatti, 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.
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. Shankar Kumar 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. Shankar Kumar 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
Patna High Court CWJC No.4515 of 2025 dt.12-01-2026
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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
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:-
Patna High Court CWJC No.4515 of 2025 dt.12-01-2026
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“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
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
Patna High Court CWJC No.4515 of 2025 dt.12-01-2026
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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
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
Patna High Court CWJC No.4515 of 2025 dt.12-01-2026
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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 and 5 to

the writ petition.

6. Having considered the submissions advanced by

learned Advocate for the respective parties and taking note of

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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