Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The petitioners are not entitled to age relaxation for appointment as Panchayat Teacher, and the writ is dismissed.
Summary
The petitioners, who were appointed as Lok Shikshaks on a contractual basis in 2002 and later extended, sought a one‑time age relaxation to be appointed as Panchayat Shikshaks under the Bihar Panchayat Elementary Teachers (Employment and Service Conditions) Rule, 2006. They relied on a prior judgment (CWJC No. 1109 of 2017) that directed the authorities to consider such relaxation. The State argued that Lok Shikshaks were volunteers under a community‑driven scheme and that the 2023 Bihar State School Teachers Rules have abolished the appointment of Panchayat Teachers, mandating recruitment through the Bihar Public Service Commission. The Court held that, in view of the new 2023 rules, no Panchayat Teacher posts exist and the petitioners’ claim for age relaxation is untenable. Consequently, the writ application was dismissed.
Issues considered
- Whether the petitioners are entitled to a one‑time age relaxation for appointment as Panchayat Shikshak under the 2006 Rule.
- Whether the prior judgment in CWJC No. 1109 of 2017 remains applicable after the enactment of the Bihar State School Teachers Rules, 2023.
Subjects
- age relaxation
- Panchayat Teacher
- Lok Shikshak
- contractual appointment
- service rules
- writ jurisdiction
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5458 of 2022
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1. Amit Kumar S/o Sri Lalan Prasad R/o Village- Bhaluhi Dayaram, P.O. and
P.S.- Kateya, District- Gopalganj.
2. Ram Bishwas Harijan S/o Late Jagdeo Harijan R/o Village, P.O. and P.S.-
Kateya, District- Gopalganj.
3. Babloo Ram S/o Shyamdeo Ram R/o Village, P.O. and P.S.- Kateya,
District- Gopalganj.
4. Ramesh Ram S/o Ramdeo Ram R/o Village- Dharhara Mela, P.O. and P.S.-
Kateya, District- Gopalganj.
5. Ram Tapsya Manjhi S/o Sheonarayan Manjhi R/o Village- Kateya,
Panchayat Raj-Nagar Panchayat Kateya, P.O. and P.S.- Kateya, District-
Gopalganj (Bihar).
6. Pintu Kushwaha S/o Nathuni Ram R/o Village- Kotwa Khosh, P.O.-
Rudalpur, P.S.- Kateya, Dist- Gopalganj (Bihar).
7. Niraj Devi Wife of Dhrubdev Giri R/o Village- Bara Koirauli, P.O.- Bara
Koirauli, P.S.- Hathuwa, District- Gopalganj (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Education Department, New
Secretariat, Patna.
2. The Principal Secretary, Human Resources Development Department, Patna.
3. The Director, Primary Education, New Secretariate, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghwendra Sharan Pandey
For the Respondent/s : Mr. Apurva Harsh, AC to GA 12
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
15 29-01-2026 1. Heard learned Counsel for the parties concerned.
2. The petitioners have filed the present writ application,
challenging the order dated 09.11.2022, passed by the
Additional Chief Secretary, Department of Education,
Government of Bihar, whereby the claim of the
petitioners for relaxation of age in case of appointment on
Patna High Court CWJC No.5458 of 2022(15) dt.29-01-2026
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the post of Panchayat Teachers has been rejected.
3. The petitioners have claimed that they were appointed as
Lok Shikshaks for 12 months on contractual basis in the
year 2002 at par with Panchayat Shiksha Mitra and the
period of their appointment was extended for further three
years on yearly basis. However, by virtue of Bihar
Panchayat Elementary Teachers (Employment and
Service Conditions) Rule, 2006 (hereinafter referred to as
‘the 2006 Rule’), the Shiksha Mitras were made
Panchayat Shikshaks.
4. Learned Counsel for the petitioners submits that in the
case of Lok Shikshaks, bearing CWJC No. 1109 of 2017,
a co-ordinate Bench of this Court directed the respondent
authorities, vide its order dated, 30.11.2017, to consider
relaxing the age of the petitioners if the petitioners are
otherwise eligible for appointment as Panchayat Shikshak
considering the fact that they had worked under the
scheme of the State Government. The appeal filed by the
State against the order, dated 30.11.2017, passed in
CWJC No. 1109 of 2017, having L.P.A. No. 637 of 2019,
has been dismissed by the Division Bench.
5. Accordingly, the submission is that the petitioners may be
Patna High Court CWJC No.5458 of 2022(15) dt.29-01-2026
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given one-time age relaxation in the appointment of
Panchayat Shikshak.
6. On the other hand, learned Counsel for the State argued
that vide resolution, dated 07.11.2002, the Department of
Secondary and Adult Education decided to set up Lok
Shikshak Centres as the responsibility of the community
by arranging all resources by the community in the areas
where there is no primary school within the periphery of
one kilometre. The scheme of setting up of Lok Shikshak
Centres was to encourage education to children by
involving local community and the same was a voluntary
scheme launched for such voluntary alternative education
centre and the Lok Shikshaks were engaged as volunteers.
7. The rule relating to appointment of primary teachers has
undergone a change and no panchayat teachers are being
appointed and new rule has come, namely, the Bihar State
School Teachers (Appointment, Transfer, Disciplinary
Proceeding and Service Condition) Rules, 2023, for
appointment of Teachers. As per the new rules, the
appointment of teachers shall be made on regular basis
through open competitive examination held by the Bihar
Public Service Commission for the candidates who have
Patna High Court CWJC No.5458 of 2022(15) dt.29-01-2026
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completed T.E.T.
8. As such, the claim of the petitioners based upon the
judgment that one-time age relaxation be granted to the
petitioners in the appointment of Panchayat Teachers at
par with Shiksha Mitra, has now become infructuous.
9. Considering the submissions made by the parties and the
fact that as per the new rules of 2023, no Panchayat
Teachers are being appointed and the teachers are being
appointment in all categories through the Bihar Public
Service Commission.
10. Accordingly, the prayer of the petitioners for relaxation of
their age in the appointment of Panchayat Teacher is
devoid of any merit.
11.This writ application is, accordingly, dismissed.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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