Created by Fuzzy Cloud

Patna High Court

Manjay MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed with a direction to the petitioner to make a fresh representation before the District Programme Officer, after which the respondents must consider the claim and pass any consequential order.

Summary

Manjay Mukhiya, appointed as an untrained block teacher on compassionate grounds, challenged a letter directing him to submit a training certificate or face termination and sought payment of salary withheld since January 2023. The State argued his appointment violated Section 23(1) of the Right to Education Act and that untrained teachers must be terminated, citing a Full Bench decision and subsequent Supreme Court stay. The petitioner relied on earlier judgments where similar orders were dismissed and on a Supreme Court interim order maintaining status‑quo. The Court noted the pending Supreme Court direction and a memo from the Additional Chief Secretary ordering timely salary payment. It disposed the writ by directing the petitioner to file a fresh representation before the District Programme Officer within two weeks, after which the respondents must consider the claim and pass any consequential order.

Issues considered

  • Whether an untrained block teacher appointed on compassionate grounds can continue in service despite the requirement of training under the Right to Education Act.
  • Whether the petitioner is entitled to the salary that has been withheld.
  • Whether the order directing submission of a training certificate and threatening termination is valid and enforceable.

Legislation cited

Subjects

  • untrained teacher
  • compassionate appointment
  • salary withholding
  • Right to Education Act
  • termination of service
  • writ petition
  • status quo
  • administrative remedy

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5397 of 2024
                 ======================================================
                 Manjay Mukhiya son of Late Ramchandra Mukhiya, resident of Village-
                 Bariyarpur, Police Station-Sakra, District-Muzaffarpur.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Education Department,
                 Government of Bihar, Patna.
           2.    The District Education Officer, Muzaffarpur.
           3.    The Block Education Officer, Muzaffarpur-cum-Member Secretary, Block
                 Employment Unit, Sakara, Muzaffarpur.
           4.    The District Programme Officer (Establishment), Muzaffarpur.
           5.    The Headmaster, Upgraded Middle School, Kutubpur, Bahadurpur District-
                 Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ram Nibash Prasad, Adv.
                 For the Respondent/s   :      Mr. Birsu Prasad, GP-13
                                               Mr. Shweta Anand, AC to GP-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   10-02-2026                 Heard the parties.

                               2. The challenge in the present writ petition is made to

                   an order contained in letter no. 8 dated 16.03.2023 (Annexure

                   P/4) issued by Block Panchayat Raj Officer-cum-Executive

                   Officer, Panchayat Samiti, Block Teacher Employment Unit,

                   Sakara, Muzaffarpur whereby the petitioner has been directed to

                   submit certificate with respect to training in the office of Block

                   Education Officer, failing which the services of the petitioner is

                   directed to be terminated. The petitioner also prays for a

                   direction to ensure payment of his salary which has been
Patna High Court CWJC No.5397 of 2024(4) dt.10-02-2026
                                            2/4




          illegally withheld.

                      3. Learned Advocate for the petitioner submitted that

          admittedly the petitioner was appointed as Untrained Block

          Teacher on compassionate ground and since then he has been

          discharging his duty. However, since January, 2023, his salary

          has been withheld.

                      4. A counter affidavit has been filed on behalf of

          respondent no. 4. This Court is apprised that since the very

          appointment of the petitioner was bad and in violation of

          Section 23(1) of the Right to Education Act; and moreover, the

          petitioner is still untrained and thus, in the light of the order

          dated 20.03.2024 passed in L.P.A. No. 748 of 2022, the

          petitioner is found not entitle for continuance as untrained

          teacher.

                      5. Learned Advocate for the petitioner submitted that

          identical order has been questioned in C.W.J.C. No. 2556 of 2021

          alongwith other analogous cases, which came to be dismissed

          vide order/judgment dated 19.10.2022. The aforesaid order was

          challenged in L.P.A. No.795 of 2022 along with other analogous

          cases and the matter came up for consideration before the Full

          Bench of this Court and the learned Full Bench unequivocally

          held that the teachers who remained untrained, their services
Patna High Court CWJC No.5397 of 2024(4) dt.10-02-2026
                                            3/4




          have to be terminated. The order passed by the learned Full

          Bench of this Court has been put to challenge before the

          Hon’ble Apex Court in S.L.P. Nos. 10872-10898 of 2024,

          wherein the Apex Court vide its order dated 17.05.2024, had

          directed that until further orders, the status quo has to be

          maintained and the petitioner and other identically situated

          persons are still continuing in their services. In the meanwhile,

          the Additional Chief Secretary, Government of Bihar vide letter

          no.7 as contained in Memo No.734 dated 08.07.2022, directed

          all the District Education Officer to make timely payment for

          work done by the employees but the same has still not been

          complied, compelling the petitioner to approach before this Court.

                      6. Learned Advocate for the State seeks a short

          adjournment to apprise the present position with regard to

          admissibility of the claim of the petitioner for salary.

                      7. Considering the submissions advanced by learned

          Advocate for the respective parties and taking note of the nature

          of the grievance set forth, this Court deems it fit and proper to

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

          a fresh representation before the District Programme Officer,

          Establishment, Muzaffarpur, preferably within a period of two

          weeks from today.
             Patna High Court CWJC No.5397 of 2024(4) dt.10-02-2026
                                                         4/4




                                   8. In case such a representation is filed, the concerned

                       respondent shall bring to its logical conclusion in the light of the

                       discussions made hereinabove, as also the letter issued by the

                       Additional Chief Secretary, Education Department as contained

                       in Memo No. 734 dated 08.07.2022, whereby all the District

                       Education Officers have been directed to make timely payment

                       for work done by the employees, preferably within a period of

                       eight weeks from the date of receipt/production of a copy of this

                       order.

                                   9. It is made clear that if the claim of the petitioner

                       finds favour, necessary consequential order be passed within the

                       period stipulated.

                                   10. The writ petition stands disposed off with the

                       aforesaid direction.



                                                  (Harish Kumar, J)
supratim/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.