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Patna High Court

Pammi KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                           3/4




         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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