Patna High Court
Pammi KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The court directed the department to consider the petitioner's representation and determine the matter within eight weeks, indicating that the termination was not final.
Summary
Pammi Kumari, a Guest Teacher at Rajkiya Polytechnic, Siwan, challenged an office order terminating her services on the ground that two regular Lecturers had been appointed, leaving her position redundant. She argued that one of the three sanctioned Lecturer posts remained vacant and that her work had been duly appreciated, making the termination unlawful. The State contended that no vacancy existed for a Guest Lecturer and that her services were rightly terminated. The court noted that the petitioner had filed a detailed representation with the department, which remained pending, and referred to a prior decision in C.W.J.C. No. 15556 of 2024. Considering these submissions, the court directed the department to consider the representation and decide within eight weeks, emphasizing the need to address the existing vacancy. The writ petition was thereafter disposed.
Issues considered
- Whether the termination of a Guest Lecturer's services is valid when a sanctioned post remains vacant.
- Whether the authority must consider the petitioner's representation before effecting termination.
- Whether the principle that regular appointments displace contractual lecturers applies in the presence of an unfilled vacancy.
Subjects
- Guest Lecturer
- Regular appointment
- Vacancy
- Service termination
- Representation
- Administrative law
- Bihar
- Polytechnic
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5712 of 2025
======================================================
Pammi Kumari Daughter of Binod Kumar Resident of Village and Post-
Kaila, Police Station- Nagar Nausa, District- Nalanda at Biharsharif.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Science, Technology and Technical Education
Department, Government of Bihar, Patna.
3. The Director, Science, Technology and Technical Education Department,
Government of Bihar, Patna.
4. The Special Executive Officer, Science, Technology and Technical
Education Department, Government of Bihar, Patna.
5. The Joint Secretary, Science, Technology and Technical Education
Department, Government of Bihar, Patna.
6. The Principal, Rajkiya Polytechnic, Siwan, Situated at Bawandih, Chainpur,
District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate
For the Respondent/s : Mr. Government Pleader (22)
Mr. Uday Prasad, AC to GP- 22
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 05-01-2026
Heard the parties.
2. The petitioner is aggrieved with the Office Order
as contained in Memo No. 505 dated 13.12.2023 issued under
the signature of respondent no.6 whereby the services of the
petitioner came to be dispensed with as a Guest Teacher merely
on the ground that regular appointments of Lecturers was made
against two of the posts out of three.
3. Learned Advocate for the petitioner submitted
Patna High Court CWJC No.5712 of 2025 dt.05-01-2026
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that the impugned order came to be passed without considering
the fact that even after regular appointment of two Lecturers in
Government Polytechnic College, Siwan, there is still one
sanctioned and vacant post upon which the petitioner had been
working since 09.04.2021. The appreciation of the work
rendered by the petitioner is manifest from the certificate, duly
issued by the Principal of the Government Polytechnic College,
Siwan, the copy of which is marked as Annexure-5 to the writ
petition. It is further contended that there is no confrontation
with the legal position that the services of the petitioner can be
dispensed with if regular selected candidates have been
appointed in place of the persons, who had been working as a
Contractual/Guest Lecturer. However, in the case at hand the
facts are different and the one post is still vacant, hence the
aforenoted principle would not be applicable.
4. Besides the aforesaid submissions, it is also
urged that on being aggrieved, the petitioner has also filed a
detailed representation before the Additional Chief Secretary-
cum-Principal Secretary as well as Director, Science,
Technology and Technical Education Department, Government
of Bihar, Patna, which are still pending consideration. In the
meanwhile, the Officer-on-Special Duty, Science, Technology
Patna High Court CWJC No.5712 of 2025 dt.05-01-2026
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and Technical Education Department wrote a letter to the
Principal, Government Polytechnic College, Siwan to take
appropriate action in the light of the decision rendered by this
Court in C.W.J.C. No. 15556 of 2024, which came to be
disposed of on 21.10.2024, but till date no appropriate action
has been taken.
5. Learned Advocate for the State submitted that till
date there is no fresh advertisement for selection of Guest
Lecturer in the said Department, moreover, after appointment of
two regular Lecturers in the Government Polytechnic, Siwan,
the petitioner’s services as Guest Lecturer has been terminated
w.e.f. 14.12.2023 and at present there is ‘zero’ vacancy for
Guest Lecturer in the Electrical Engineering Department.
6. The aforesaid fact has been controverted by the
learned Advocate for the petitioner by referring to the letter no.
1799 dated 27.07.2017 (Annexure-P/13) to the effect it decides
that altogether five posts have been sanctioned for Lecturer in
Electrical Engineering, out of which one post is still vacant.
7. Be that as it may, considering the submissions
advanced by the learned Advocate for the parties and taking
note of the fact that the petitioner has already approached before
the concerned authority by filing a detailed representation, the
Patna High Court CWJC No.5712 of 2025 dt.05-01-2026
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copies of which have also been placed on record as Annexures-
10 and 12 Series, this Court deems it fit and proper to direct the
respondent no.2 to consider the representation of the petitioner
and bring to its logical conclusion preferably within a period of
eight weeks from the date of receipt/production of a copy of this
order, keeping in mind with regard to the availability of the
vacancy and the order passed in C.W.J.C. No. 15556 of 2024, in
accordance with law.
8. The writ petition stands disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.01.2026
Transmission Date NA
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