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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The impugned cancellation order is unsustainable and is set aside, with a direction to grant a proper hearing before any further action.

Summary

Rohit Kumar, a government teacher, challenged the cancellation of his posting to a GPS school made by the Education Department. He argued that the cancellation, effected through Letter No.72 dated 18‑01‑2021, was done without giving him a hearing and violated the Right to Education Act, 2009 and its rules. The State admitted that the petitioner was not heard before the cancellation and suggested remand for fresh consideration. The High Court held that the cancellation order breached natural justice and the statutory provisions, and therefore set it aside. The Court directed the Director of Primary Education to afford a proper hearing to the petitioner and the other respondent and to pass appropriate orders within eight weeks, after which the writ petition was disposed.

Issues considered

  • The cancellation of the teacher's posting without a prior hearing violates principles of natural justice.
  • Whether the impugned order of cancellation is violative of the Right to Education Act, 2009 and its Rules.
  • Whether the court can set aside the cancellation order and direct a fresh hearing.

Legislation cited

Subjects

  • Right to Education Act
  • natural justice
  • teacher posting
  • adjustment cancellation
  • writ petition
  • administrative law
  • principles of rationalisation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.6524 of 2021
                 ======================================================
                 Rohit Kumar Son of Ramjeet Mall Resident of Ward No. 37, New Colony
                 Dak Banglow Road, Police Station- Bettiah Sadar, District- West Champaran.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Education Department,
                 New Secretariat, Patna.
           2.    Director (Primary) Education, Education Department, New Secretariat,
                 Patna.
           3.    District Education Officer, West Champaran, Bettiah.
           4.    District Programme Officer (Establishment) Education Department, District-
                 West Champaran.
           5.    Akhtan Begum Wife of Allaudin Miyan at Presently working as Panchayat
                 Teacher in Govt. Primary School, Bahuarwa Padari, Bagaha-1, District-
                 West Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Pratap Sharma, Advocate
                 For the Respondent/s   :      Mr. Ashutosh Ranjan Pandey (AAG-15)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

9   13-01-2026                 Re : Interlocutory Application No.01 of 2021

                               The proposed relief sought in the Interlocutory

                   Application is being taken along with the main relief for its

                   adjudication and this Court proceeds to adjudicate the writ

                   petition on merits with the disposal of the Interlocutory

                   Application, by which the cancellation of his adjustment which

                   is said to have been made by the authorities, has now become

                   the subject matter of challenge, this Court now proceeds to

                   adjudicate the claim of this petitioner on merits by including the

                   additional relief proposed in the Interlocutory Application along
Patna High Court CWJC No.6524 of 2021(9) dt.13-01-2026
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          with the main relief and accordingly, the relief sought in the writ

          petition is being adjudicated in the following manner.

                       Re : C.W.J.C. No.6524 of 2021

                       Heard learned counsel for the petitioner and learned

          counsel for the State.

                       2. The writ petition has been filed for the following

          reliefs :-

                                  “For issuance for an appropriate writ/writs,
                          order/orders, direction/directions, for quashing the
                          Letter No.72 dated 18.01.2021 whereby and
                          whereunder the Respondent No.2 has recalled his
                          own decision dated 10.11.2020 contained in Letter
                          No.960 which is contrary to statutory provisions as
                          well as Government decisions and for other
                          necessary relief/reliefs on the basis of facts and
                          circumstances of the case.”
                       3. Learned counsel for the petitioner submits that the

          adjustment, which is said to have been made in the GPS School,

          Bahuarwa, Padaree, vide Letter No.06 dated 10.11.2016, has

          been cancelled without giving proper hearing and the

          modification in the ratio sought for applying the principles of

          rationalization, is also not in conformity with the Rule 25 of the

          R.T.E. Act, 2009 and R.T.E Rules 2011.

                       4. On the other hand, learned counsel for the

          respondent No.5 submits that the posting of this petitioner was
Patna High Court CWJC No.6524 of 2021(9) dt.13-01-2026
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          done in the light of the report dated 30.09.2020, which is

          contained in Letter No.830 annexed as Annexure-R5/B.

                      5. Learned counsel for the State does not dispute the

          factual position, by referring to the impugned order, submits that

          while issuing the cancellation order of adjustment made with

          regard to this petitioner in the School in question, the petitioner

          was admittedly not heard, and this matter may be remanded for

          fresh adjudication / consideration.

                      6. Be that as it may, from the order impugned dated

          18.01.2021, it is quite evident that the cancellation of his

          adjustment made on the basis of 30:1 ratio, which subsequently

          is said to have been modified but admittedly, this petitioner was

          not given proper hearing and since, there is violation of

          principles of natural justice, insofar as the adjustment, which is

          said to have been cancelled and the petitioner on the basis of

          such adjustment was continuing in the said school, where

          respondent No.5 is said to have been allowed to continue,

          therefore, the order impugned dated 18.01.2021 is unsustainable

          and accordingly, is set aside.

                      7. The respondent No.2, Director, Primary Education,

          Education Department, New Secretariat, Patna, would be

          obliged to give a proper hearing to the petitioner as well as
           Patna High Court CWJC No.6524 of 2021(9) dt.13-01-2026
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                     respondent No.5 in terms of the applicable principles formulated

                     for posting on the basis of rationalization, which is adopted by

                     the Department as a matter of transfer and posting, to be framed

                     in consonance with the Right to Education Act, 2009 and R.T.E.

                     Rules 2011 and upon giving proper hearing to the petitioner as

                     well as respondent No.5, necessary orders shall be passed in

                     accordance with law within a period of eight weeks from the

                     date of representation, which shall be made within four weeks

                     from today and the same shall be communicated to both the

                     parties, within the same time.

                                 8. Accordingly, the writ petition stands disposed of.



                                                  (Ajit Kumar, J)
sharun/-

U


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