Patna High Court
Manjay MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
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
- Right to Education Act — s. 23(1)
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
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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
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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.
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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
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