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Patna High Court

Meraj AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court did not decide the substantive eligibility issue but ordered the Director, Mass Education, to pass a reasoned order on the petitioners’ representation within 90 days.

Summary

The petitioners, former non‑formal instructors, filed a writ petition seeking their absorption into Class‑D state government service, invoking a Supreme Court order (SLA (c) No. 32079 of 2015) that they claimed made them eligible. They submitted representations in 2024, but the State argued that a 2019 Patna High Court order (M.J.C. No. 54 of 2013) required representations to be filed within 90 days of that order, which the petitioners missed. The State moved to dismiss the petition on this ground. The Court noted that no reasoned decision had been taken on the petitioners’ 2024 representation and, without addressing the merits, directed the Director, Mass Education, to issue a reasoned order on the representation within 90 days. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the petitioners are eligible for absorption into State service under Supreme Court order SLA (c) No. 32079 of 2015.
  • Whether the delay in filing representations beyond the 90‑day period prescribed by the 2019 Patna High Court order M.J.C. No. 54 of 2013 bars the petitioners’ claim.
  • Whether the concerned authorities are obligated to pass a reasoned order on the pending representations.

Subjects

  • absorption
  • non‑formal instructors
  • state government service
  • writ petition
  • reasoned order
  • representation delay
  • education department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.6909 of 2025
                 ======================================================
           1.     Meraj Alam S/o Md. Yasin, R/o Village-Shikarpur, P.S.-Balia-Belon, Dist.-
                  Katihar.
           2.    Shyam Kumar Das, S/o Ashok Lal Das, R/o Village-Maheshpur, P.S.-
                 Azamnagar, Dist.-Katihar.
           3.    Md. Rizwanul Bari, Son of Md. Qurban Ali, R/o Village-Raiyanpur, P.S.-
                 Balia-Belon, Dist.-Katihar.
           4.    Kishore Kumar Paswan, S/o Kameshwar Paswan, R/o Village-Khempur
                 Bathna, P.S.-Barsoi, Dist.-Katihar.
           5.    Md. Muzahid Alam, S/o Ahmed Hussain, R/o Village-Khempur, P.S.-Barsoi,
                 Dist.-Katihar.
           6.    Abdul Mannan, S/o Md. Moinuddin, R/o Village-Malor Sonapur, P.S.-
                 Barsoi, Dist.-Katihar.
                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Principal Secretary, Department of Education,
                 Bihar, Patna.
           2.    The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
           3.    The Director, Mass Education, Department of Education, Govt. of Bihar,
                 Patna.
           4.    The District Collector, Katihar.
           5.    The District Education Officer, Katihar, Dist.-Katihar.
           6.     The District Programme Officer (Literacy) Katihar, Dist.-Katihar.
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Md. Qumrul Hoda, Advocate
                 For the State          :       Mr. Asit Kumar Jha (AC to GP-2)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   10-03-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                 2. The present writ petition has been filed with the

                   following relief/s:-

                                        “I. That, this writ application is being filed for
                                        a   direction/directions      to   the    concerned
Patna High Court CWJC No.6909 of 2025(2) dt.10-03-2026
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                                respondent        authorities   to   absorb   the
                                petitioners in State Govt. Service in Class-D
                                (वरर - घ) in view of direction/order passed by
                                the Hon'ble Supreme Court in SLA (c) No. -
                                32079 of 2015, as the petitioners are/were
                                non-formal instructors and they are fully
                                eligible for absorption which is apparent from
                                the recommendation report dated 29-12-2023
                                (vide Annexure -P/3) and it is further prayed
                                for the other necessary directions in the
                                circumstances set forth”.


                      3. Learned counsel for the petitioners submit that the

          petitioners were non-formal instructors in non-formal education

          scheme/project and the said project was abolished in the year

          2001. Counsel submits that the petitioners earlier moved before

          this Hon’ble Court in C.W.J.C. No. 1352 of 2016 which was

          heard and accordingly disposed of vide order dated 16.09.2016

          in terms of the order passed in S.L.A (C) No. 32079 of 2015.

          Counsel submits that the District Programme Officer (Literacy),

          Katihar sent a letter on 15.11.2024 to the Additional Secretary,

          Department of Education Bihar, Patna whereby and whereunder

          it is mentioned that name of petitioners are present in the list

          dated 28.09.2016 of non-formal instructors at district level, and

          the petitioners’ case has been scrutinized and found that the
Patna High Court CWJC No.6909 of 2025(2) dt.10-03-2026
                                            3/4




          petitioners fulfill all the criteria for absorption. Counsel further

          submits that the petitioners have filed representation on

          09.09.2024 (Annexure- P/6) before the Director, Mass

          Education cum Additional Secretary, Department of Education,

          Bihar, Patna and again filed representation on 20.01.2025, but

          no decision has been taken on their representation.

                      4. Learned counsel for the State, on the other hand,

          submits that the counter affidavit has been filed. He submits that

          in the counter affidavit, order has been passed on 22.08.2019 by

          the Hon’ble Division Bench of this Court in M.J.C. No. 54 of

          2013 with other analogous cases. Counsel submits that in the

          said order, specific direction was made by the Hon’ble Court to

          constitute a committee who would examine the objection giving

          opportunity to the persons concerned and shall take a decision

          within 90 days. Counsel further submits that the petitioners

          admittedly come within the category of Category-I candidates.

          And according to the said order, they have to file representation

          within a fixed period of time which has to be decided within 90

          days from the date of order. Counsel submits that the said order

          was passed in the year 2019, whereas, from the representation of

          the petitioners, it transpires that the petitioners have filed

          representation in the year 2024. Therefore, he submits that the
             Patna High Court CWJC No.6909 of 2025(2) dt.10-03-2026
                                                         4/4




                       case of the petitioners cannot be entertained and this writ

                       petition be dismissed.

                                   5. After hearing the parties, it transpires that there is

                       no decision taken by the authorities concerned on the

                       representation of the petitioners (Annexure- P/6).

                                   6. As such, without entering into the merit or demerit

                       of the case, the Director, Mass Education, Department of

                       Education, Government of Bihar, Patna (Respondent no.3) is

                       hereby directed to pass a reasoned and speaking order on the

                       petitioners’ representation dated 09.09.2024 (Annexure- P/6)

                       within 90 days from the date of production of a copy of this

                       order.

                                   7. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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