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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                  ======================================================
            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
                                                       4/4




                               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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