Patna High Court
Md. ZeyauddinversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Tribunal’s order is final and the State education authorities must comply, subject to the petitioner filing a representation and the DEO deciding the claim within the stipulated time.
Summary
The petitioner, Md. Zeyauddin, sought a writ directing the State of Bihar and its education officials to implement an order dated 19‑11‑2025 of the Teachers Appellate Tribunal that granted him appointment as an Urdu Teacher. He alleged that despite a subsequent letter (No. 97 dated 08‑01‑2026) from the Director of Primary Education ordering the District Education Officer (DEO) of Buxar to comply, no action had been taken and no appeal had been filed against the Tribunal’s decision. The State counsel accepted that the Tribunal’s order had attained finality and therefore must be obeyed. The Court directed the petitioner to file a representation before the DEO within four weeks and instructed the DEO to decide the claim within six weeks, in line with the Additional Chief Secretary’s memo. It further ordered the Director of Primary Education to monitor compliance and initiate departmental proceedings against the DEO for any non‑compliance. The writ application was consequently disposed of.
Issues considered
- Whether the order of the Teachers Appellate Tribunal dated 19‑11‑2025 is final and binding on the State education authorities
- Whether the State is obligated to comply with the Tribunal’s order in the absence of any appeal
- What procedural steps the petitioner must follow to enforce the appointment
Subjects
- appointment
- Urdu teacher
- Teachers Appellate Tribunal
- compliance
- departmental misconduct
- writ jurisdiction
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5434 of 2026
======================================================
Md. Zeyauddin s/o Md. Reyazuddin, Resident of Village- Jahurabad, P.S.-
Krishnagarh, District- Bhojpur- 802313.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Bihar, Patna.
2. The Director, Primary Education, Government of Bihar, Patna.
3. The Deputy Director, Primary Education, Government of Bihar, Patna.
4. The District Education Officer, Buxar.
5. The Block Development Officer, Block- Buxar, District- Buxar.
6. The Block Panchayati Raj Officer cum Executive Officer, Block- Buxar,
District- Buxar.
7. The Block Education Officer, Block- Buxar, District- Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh
For the Respondent/s : Mr. Narendra Kumar Singh, AC to GP (22)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 18-04-2026 Learned counsel for the petitioner and learned
counsel for the respondents are present.
2. The instant writ application has been filed for the
following reliefs:-
(i) For directing the respondent authorities to
comply the order dated 19.11.2025 passed in
Appeal Case No.01/21.03.2023 passed by the
Presiding Officer (Judicial) Teachers Appellate
Tribunal, Buxar as contained in Annexure-P-3 of
this writ application whereby and whereunder he
was pleased to allow the Appeal filed by him for
appointment on the post of Urdu Teacher
(Graduate) in the light of Advertisement No.864
dated 05.07.2019.
Patna High Court CWJC No.5434 of 2026(2) dt.18-04-2026
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(ii) For directing the District Education Officer i.e.
respondent no.4 to immediately comply the
direction as contained in letter no.97 dated
08.01.2026 as contained in Annexure-P/4 of the
writ application.
(iii) For any other relief for which this petitioner is
found entitled in the facts and circumstances of the
case.
2. Learned counsel for the petitioners, referring to
the order passed by the District Appellate Authority, Buxar
submits that the grievances of the petitioner has already been
adjudicated and appropriate directions with regard to his
appointment has been issued vide Letter No.89 dated
03.12.2025. In light of the order dated 19.11.2025 as contained
in Annexure-P/3, the respondent no.3 directed the respondent
no.4 vide letter no.97 dated 08.01.2026 to immediately comply
the order dated 19.11.2025 as contained in Annexure-P3, in
favour of the petitioner but till today no action has been taken. It
is the case of the petitioner that no appeal has been preferred by
the State authorities or by any person aggrieved by the order
passed by the District Appellate Authority. It is further
submitted that the Additional Chief Secretary has also issued
directions clarifying that if any authority is aggrieved by the
order passed by the Appellate Authority, the appropriate
statutory remedy of appeal must be availed. In the absence of
Patna High Court CWJC No.5434 of 2026(2) dt.18-04-2026
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any such appeal, the order is required to be complied with,
failing which the concerned officials would face departmental
proceedings for misconduct on account of non-compliance of
the statutory order of the Appellate Authority, the reference of
such order may be made from the Memo No.580 dated
11.03.2019.
3. At this stage, the learned counsel for the State is
not in a position to controvert the statement of the learned
counsel for the petitioners and submits that if the order has
attained finality, the same needs to be complied with.
4. Considering the submissions of the parties, the
petitioner is directed to file a representation before the District
Education Officer, Buxar, within a period of four weeks from
today. Upon receipt of such representation, the District
Education Officer, Buxar, shall consider and decide the claim of
the petitioner within a period of six weeks from the date of
receipt of the representation, strictly in consonance with the
directions issued by the Additional Chief Secretary, Education
Department, Patna, as contained in Memo No. 580 dated
11.03.2019.
5. It is made clear that Respondent No. 2 shall
monitor the issue in question and ensure that, in the event of
Patna High Court CWJC No.5434 of 2026(2) dt.18-04-2026
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non-compliance with the order of the District Appellate
Authority within the stipulated period, appropriate proceedings
are initiated against the District Education Officer, Buxar, in
accordance with the directions issued by the Additional Chief
Secretary. If, even after the expiry of the stipulated period, the
District Education Officer, Buxar, continues to sit tight over the
matter, the petitioner shall be at liberty to bring the same to the
notice of Respondent No. 2 for appropriate action.
6. With the aforesaid observations and directions,
the instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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