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Patna High Court

Sunil Kumar JaysawalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as frivolous, ill‑conceived and vexatious, with costs imposed on the petitioner.

Summary

The petitioner, a former Principal‑cum‑Secretary of a college, sought a writ of certiorari to quash his dismissal order dated 11‑01‑2022 and mandamus to reinstate him, relying on an order of the District Teacher Appellate Authority dated 19‑12‑2023 that had set aside the dismissal. The High Court held that the dismissal order had already been nullified and therefore could not be challenged again, and that the petitioner could not enforce the appellate authority's reinstatement order through a writ because the Bihar State Teaching Institutions Teachers and Employees Rules, 2020 provide a specific remedial mechanism. The Court also ruled that a prayer for initiating contempt proceedings could not be entertained under Article 226. Consequently, the petition was declared frivolous, vexatious and an abuse of process, dismissed, and a cost of Rs 20,000 was imposed on the petitioner.

Issues considered

  • Whether a writ petition challenging a termination order that has been set aside by a competent authority is maintainable.
  • Whether the High Court can enforce an order of the District Teacher Appellate Authority through writ jurisdiction under Article 226.
  • Whether a prayer for initiating contempt proceedings can be entertained in a writ petition under Article 226.
  • Whether the petitioner must avail the specific statutory remedy under the Bihar State Teaching Institutions Teachers and Employees Rules, 2020 before approaching the High Court.

Legislation cited

Subjects

  • writ jurisdiction
  • Article 226
  • vexatious litigation
  • termination of service
  • reinstatement
  • contempt proceedings
  • statutory remedy
  • Bihar State Teaching Institutions Teachers and Employees Rules, 2020

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.7112 of 2025
                 ======================================================
                 Sunil Kumar Jaysawal S/o Late Prahalad Prasad Jaysawal, Mohalla-Sabni
                 Mandi Road, Ward No. -21, P.S.-Raxaul, Distt-East Champaran.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Education Department,
                 Government of Bihar, New Secretariat, Patna.
           2.    The District Education Officer, Sitamarhi.
           3.    The District Programme Officer (Establishment), Sitamarhi.
           4.    The Bihar School Examination Board, Budh Marg, Patna through its
                 Secretary.
           5.    The Chairman, Bihar School Examination Board, Budh Marg, Patna.
           6.    The Secretary, Bihar School Examination Board, Budh Marg, Patna.
           7.    The Director (Academic), Bihar School Examination Board, Budh Marg,
                 Patna.
           8.    Pandit Deen Dayal Upadhyay Memorial College, Bairgania, Distt-Sitamarhi
                 through its chairman Ramdeo Prasad Gadia, S/o Nand Lal Gadia, Resident
                 of Mohalla-Baudhi Mata Mandir Road, Ward No.-12, P.S.-Bairgania, Distt-
                 Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Md. Shahnawaz Ali
                 For the BSEB                   Mr. P.K.Shahi, Sr. Advocate
                                                Mr. Kumar Shanu
                 For the State           :      Dr. Md. Raisul Haque, SC 10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

4   28-04-2026                      Heard learned counsel for the petitioner, learned

                   counsel appearing for the BSEB and learned counsel for the

                   respondent-State.

                                 2. The petitioner, in the present writ application,

                   has prayed for the grant of the following reliefs:-

                                        (i) A writ, order and direction in the nature of
                                        certiorari to quash the order vide letter no.
Patna High Court CWJC No.7112 of 2025(4) dt.28-04-2026
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                               05/22      date      11.01.2022     issued   by    the
                               Respondent no 8 whereby and where under the
                               petitioner is dismissed from service from the
                               post as Principle cum Secretary o PDDUM
                               College, Bairgania Sitamarhi, (College code-
                               32022), be issued.
                               (ii) A writ, order and direction in the nature of
                               mandamus directing and commanding the
                               respondent no. 8 to reinstate the petitioner in
                               service with retrospective effect with all
                               admissible allowances, be issued.
                               (iii) A writ, order and direction in the nature of
                               mandamus directing and commanding the
                               respondent no 8 to comply with the order dated
                               29/2023 02/21 19.12.2023 pass in complaint
                               case no 29/2023 passed by District Appellate
                               Authority Sitamarhi wherein it is specifically
                               ordered that letter issued by Respondent no 8
                               vide its letter no 02/21 dated 01.10,2021 and
                               letter no 05/22 dated 11.01.2022 regarding
                               suspension and dismissal is quashed /cancelled
                               and further order to reinstate the petitioner in
                               service with retrospective effect with all
                               admissible         allowances     with   effect   from
                               01.10.2021, be issued.
                               (iv) A writ, order and direction in the nature of
                               mandamus directing and commanding the
                               respondents to initiate the contempt proceeding
                               against Respondent no 8 in disobedient case no
                               06/2024 and to stay the memo no 83 dated
Patna High Court CWJC No.7112 of 2025(4) dt.28-04-2026
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                               25.03.2025 where by one Navin Kumar Mishra
                               is alleged to be appointed as Principal cum
                               Secretary and allowed him to received the
                               amount of grant in aid as per the order dated
                               25.03.2025 passed in contempt case no
                               06/2024 passed by District Appellate Authority,
                               Satimarhi, be issued.”

                      3. The case of the petitioner is that, vide Order

          No.05/2022 dated 11.01.2022 (Annexure-P/7), issued by

          respondent no.8, the petitioner was dismissed from service from

          the post of Principal-cum-Secretary of PDDUM College,

          Bairgania, Satimarhi. Aggrieved by the said order of dismissal,

          the petitioner preferred Complaint Case No. 29/2023 before the

          District Teacher Appellate Authority, Sitamarhi.

                      4. Learned counsel for the petitioner submits that the

          Complaint Case No 29/2023 was decided in favour of the

          petitioner, vide order dated 19.12.2023 (Annexure-P/12),

          whereby the impugned termination order was set aside, and the

          petitioner was directed to be reinstated in service. The operative

          portion of the order dated 19.12.2023, passed by the District

          Teacher Appellate Authority, Sitamarhi is quoted hereinbelow

          for needful:-

                          “vr% vihykFkhZ }kjk izLrqr fd;s fd mijksDr rF; vkSj
                          muds }kjk izLrqr dkxtkr ls Li’V izrhr gksrk gS fd Jh
Patna High Court CWJC No.7112 of 2025(4) dt.28-04-2026
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                          jkenso xkfM;k v/;{k izca/k lfefr “kklh fudk; cSjxfu;k dk
                          vkns”k i=kad 02@2021 fnukad 01-10-2021 fuyEcu i= ,oa
                          i=kad 05@2022 fnukad 11-01-2022 c[kkZLrxh i= xyr rF;ksa
                          ij vk/kkfjr gS vkSj vkuu Qkuu esa mDr vkns”k ikfjr fd;k
                          x;k gS tks fujLr djus ;ksX; gSA vr% Jh jkenso xkfM;k v/;{k
                          izca/k lfefr “kklh fudk; cSjxfu;k dk i=kad 02@2021
                          fnukad 01-10-2021 fuyEcu i= ,oa i=kad 05@2022 fnukad
                          11-01-2022 c[kkZLrxh i= dks jn~n fd;k tkrk gSA vihykFkhZ dk
                          vihy Lohd`r fd;k tkrk gSA rn~uqlkj Jh jkenso xkfM;k v/;
                          {k izca/k lfefr “kklh fudk; cSjxfu;k dks vkns”k fn;k tkrk gS
                          fd vihykFkhZ lquhy dqekj tk;loky dks fnukad 01-10-2021 ds
                          iwoZ dh fLFkfr cgky djsa ,oa iwoZ dh rjg muds in ij dk;Z
                          lEiknu djus dh vuqefr nh tkrh gSA”

                      5. It is further submitted by learned counsel for the

          petitioner that, being aggrieved by the aforesaid order dated

          19.12.2023, passed by the District Teacher Appellate Authority,

          Sitamarhi, the Chairman of the College in question preferred a

          writ application bearing CWJC No. 7401 of 2024. The said writ

          application was disposed of on 15.04.2025, granting liberty to

          the Chairman of the concerned college to approach the State

          Appellate Authority within a period of one month from the date

          of the order for assailing the order of the District Teacher

          Appellate Authority, Sitamarhi.

                      6. It is further informed by the learned counsel

          appearing for the petitioner that pursuant thereto, the Chairman

          of the concerned College has preferred an appeal before the
Patna High Court CWJC No.7112 of 2025(4) dt.28-04-2026
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          State Appellate Authority,              which   is   presently   pending

          consideration. It is thus contended that, as on date, the

          termination order dated 11.01.2022 no longer subsists in the eye

          of law, as it has already been set aside by the District Teacher

          Appellate Authority, vide order dated 19.12.2023. Despite this,

          the petitioner has not been reinstated in service in compliance of

          the order dated 19.12.2023 passed by District Teacher Appellate

          Authority, Sitamarhi.

                      7. Per contra, learned counsel appearing for the Bihar

          School Examination Board and learned counsel appearing for

          the respondent-State submit that this writ application is

          completely ill-conceived and not maintainable for the reason

          that it has been filed challenging the same order of termination

          contained in letter no. 05/2022 dated 11.01.2022, which

          admittedly has already been set aside and, therefore, no longer

          survives in law. It is further submitted that the writ petition,

          insofar as it seeks implementation of the order passed by the

          District Teacher Appellate Authority, is not maintainable. It is

          further contended by the respondent-parties that even the relief

          claimed in paragraph 1(iv) of the writ application, seeking

          initiation of contempt against respondent no.8, is also legally

          untenable and misconceived, as such a relief cannot be granted
Patna High Court CWJC No.7112 of 2025(4) dt.28-04-2026
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          in a writ application under article 226 of the Constitution of

          India.

                      8. Having heard the parties, this Court is of the

          considered view that the present writ application is wholly ill-

          conceived and is a vexatious application filed by the petitioner

          for the reason that once the order of termination dated

          11.01.2022 already stood set aside on 19.12.2023 by the District

          Teacher Appellate Authority, Sitamarhi and had ceased to exist

          in the eye of law, there was/is no occasion for the petitioner to

          challenge the same in the present writ application. Also, the

          present writ application for implementation of the order dated

          19.12.2023, passed in Complaint Case No.29/2023 by the

          District Teacher Appellate Authority,          Sitamarhi   is   not

          maintainable in law, particularly when the applicable statutory

          framework, namely, the Bihar State Teaching Institutions

          Teachers and Emp. Rules, 2020 provides a specific remedy for

          enforcement of such orders. The petitioner ought to have fully

          availed the said statutory remedy, instead of invoking the writ

          jurisdiction of this Court. The prayer for initiating a contempt

          proceeding against respondent no.8 is equally ill-conceived for

          the reason that such a relief cannot be sought in an application

          filed under Article 226 of the Constitution of India.
       Patna High Court CWJC No.7112 of 2025(4) dt.28-04-2026
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                             9. In view of the foregoing submissions, all the reliefs

                 claimed by the petitioner are found to be completely frivolous,

                 vexatious and devoid of merit.

                             10. It is further observed that, during the course of

                 argument, the learned counsel appearing for the petitioner,

                 despite the apparent infirmity and lack of maintainability,

                 continued to press the matter on merits, thereby consuming

                 valuable judicial time of this Court. It also amounts to an abuse

                 of the process of the Court.

                             11. Under these circumstances, the present writ

                 application is dismissed with a cost of Rs.20,000/- imposed on

                 the petitioner, to be deposited with the Patna High Court Legal

                 Services Authority for filing frivolous, ill-conceived and

                 vexatious writ application.

                             12. Accordingly,            the present writ application is

                 dismissed on the aforesaid terms.


                                         (Alok Kumar Sinha, J)

HR/-

U


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