Patna High Court

Abhishek KiranversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: HARISH KUMAR

Holding

The writ petition is dismissed, directing the petitioner to seek compliance of the appellate order through the statutory remedy under Rule 16 before the District Appellate Authority.

Summary

The petitioner, Abhishek Kiran, was selected as Panchayat Teacher and the District Appellate Authority affirmed his selection. Despite the order, the District Education Officer failed to issue the appointment letter. The petitioner filed a writ petition before the Patna High Court seeking a direction to the DEO to issue the letter. The State argued that the court lacks jurisdiction to enforce the appellate order and that the petitioner must use the remedy under Rule 16 of the Bihar State Teaching Institutions Teachers and Employees (Dispute, Redressal and Appeal) Rules, 2020. The Court held that the appropriate remedy is to approach the District Appellate Authority under the said rule and dismissed the writ. Consequently, the petition was disposed of.

Issues considered

Whether the High Court can entertain a writ petition for execution of an order passed by the District Appellate Authority
Whether the petitioner must pursue the remedy provided under Rule 16 of the Bihar State Teaching Institutions Teachers and Employees (Dispute, Redressal and Appeal) Rules, 2020

Subjects

writ petition
appointment letter
Panchayat Teacher
District Appellate Authority
Rule 16
Bihar State Teaching Institutions Teachers and Employees (Dispute, Redressal and Appeal) Rules, 2020
education department
execution of order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.466 of 2026
                 ======================================================
                 Abhishek Kiran Son of Gurudeo Prasad Yadav, Resident of Village-
                 Mahathawa, Sirsai, Hanumanganj, Post-Bhargama Araria, P.S.-Bhargama
                 Araria, District-Araria, Bihar-854334.
                                                                            ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Principal Secretary, Education Department,
                  Govt. of Bihar.
           2.    The Director, Primary Education, Govt. of Bihar, Patna.
           3.    The Chairman, District Appellate Authority (Teacher Appointment), Araria,
                 Bihar.
           4.    The District Education Officer (DEO), Araria.
           5.    The District Programme Officer (Establishment), Araria.
           6.    The Block Education Officer (BEO), Block-Bhargama, Araria.
           7.     The Panchayat Secretary cum Appointing Authority, Panchayat-Jaynagar,
                  Block-Bhargama, Araria, Bihar.
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Vivek Kumar, Adv.
                 For the Respondent/s   :       Mr. Government Pleader (23)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   19-01-2026                 Heard the parties.

                               2. The petitioner has invoked the jurisdiction of this

                   Court, inter alia, seeking a direction especially upon the District

                   Education Officer, Araria to forthwith issue the appointment

                   letter in favour of the petitioner for the post of Panchayat

                   Teacher for Jaynagar Panchayat, Bhargama Block in compliance

                   with the order passed by the District Appellate Authority, Araria.

                               3. Learned Advocate for the petitioner submitted that

                   despite the order having been passed by the District Appellate

                   Authority, Araria affirming the petitioner’s selection, till date,

                   the District Education Officer, Araria has not directed for
            Patna High Court CWJC No.466 of 2026(2) dt.19-01-2026
                                                        2/2




                      issuance of the appointment letter, hence the present writ

                      petition.

                                  4. Learned Advocate for the State submits that the

                      jurisdiction of this Court cannot be invoked for the purpose of

                      execution of the order passed by the appellate authority. The

                      petitioner has statutory remedy under the Bihar State Teaching

                      Institutions Teachers and Employees (Dispute, Redressal and

                      Appeal) Rules, 2020.

                                  5. Having considered the submissions advanced by

                      learned Advocate for the respective parties and taking note of

                      the appropriate remedy available with the petitioner under Rule

                      16 of the Rules, 2020; this Court deems it fit and proper to

                      dispose off the writ petition with a liberty to the petitioner to

                      approach before the concerned District Appellate Authority by

                      filing appropriate petition for proper compliance of the order,

                      passed by the Appellate Authority, Araria.

                                  6. It is expected that the District Appellate Authority

                      shall expedite the matter, if proper application shall be filed.

                                  7. Accordingly, the present writ petition stands

                      disposed off.


                                                 (Harish Kumar, J)
shivank/-
U

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