Patna High Court
Ganesh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The termination was a policy decision and not liable to be set aside; the petition was dismissed.
Summary
The petitioners, nine retired teachers appointed on contract as 'Prakhand Shadhan Sevi' by the Bihar Education Project Council (BEPC), challenged termination letters dated 20‑02‑2025 and 17‑03‑2025 seeking reinstatement. They alleged violation of natural justice because they were removed without notice or an opportunity to be heard. The respondents contended that the termination was a policy decision, a termination simpliciter affecting a class of contract workers, and not punitive. The court examined whether such a policy‑driven termination is amenable to judicial review. Finding that the decision was a bona fide policy measure and not an act of personal grievance, the court declined to interfere. Consequently, the writ petition was dismissed.
Issues considered
- Whether the termination of contractual teachers without notice infringes the principles of natural justice.
- Whether a termination based on a policy decision is subject to judicial review.
- Whether the court can quash the termination order and order reinstatement.
Subjects
- natural justice
- termination of service
- policy decision
- contractual teachers
- writ petition
- judicial review
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7728 of 2025
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1. Ganesh Mahto S/O Ram Sunder Mahto, Resident of Village- Balha, P.S.
Dandari District Begusarai.
2. Dayanand Pd. Biswas S/O Siheshwar Bishwas, Resident of Village-
Barhouli, P.S. Palasi, District Araria
3. Gadeshwar Singh S/O Late Agamlal Singh, Resident of Village Baragharia,
Chitma, P.S. Pathia, District Kishanganj.
4. Md. habibur Rahman, S/O Md. Zamiruddin, resident of Village Birmi,
Ratua, P.S. Paharkatta, District Kishanganj
5. Md. Alauddin, S/O Riyasat Ali, resident of Village Devoter Bimlea P.S.
Bahadurganj, District Kishanganj
6. Md. Fazlur Rahman, S/O Nasiruddin, resident of Village Mahadevdighi,
Dohar, P.S. Bahadurganj District Kishanganj.
7. Sabir Nezamuddin, S/O Late Saghir Ahmad, resident of Village Kachunda,
P.S. Dighal bank, District Kishanganj
8. Md. Yaqub Alam S/O Md. Asiruddin, resident of Village Bangama,
Domohani, P.S. Bahadurganj, District Kishanganj
9. Ramesh Kumar Sah, S/O Dhani Lal Sah resident of village Satal Shivpuri,
P.S. Bahadurganj District Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Old Secretariat, Patna,
2. The Additional Chief Secretary, Department of Education Govt. of Bihar,
Patna
3. The Director, Mid-Day-Meal Scheme, Bihar, Patna,
4. The Director, Bihar Shiksha Pariyojana Parisad, Govt. of Bihar, Patna.
5. The District Education Officer, Kishanganj District Kishanganj,
6. The Programme Officer, Primary Education and Serve Shiksha Aviyan,
Kishanganj, District- Kishanganj,
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.(Dr.) Rajendra Prasad, Advocate
For the Respondent/s : Mr.Standing Counsel (16)
Mr. Girijesh Kumar, Advocate
Mr. Akash Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 06-04-2026 Heard learned counsel appearing for the petitioners
Patna High Court CWJC No.7728 of 2025(2) dt.06-04-2026
2/3
and learned counsel appearing for the respondents.
2. Learned counsel appearing for the petitioners
submits that the petitioner has filed the present writ petition to
reinstatement him on the post of ‘Prakhand Shadhan Sevi’ by
quashing letter dated 20.02.2025 (Annexure P-2) and letter
dated 17.03.2025 (Annexure P/3).
3. It is further submitted that the petitioners were the
retired teacher who were entered into contract in the light of
advertisement published by the Bihar Education Project Council
. The Bihar Education Project Council accepted their contractual
appointment but all of a sudden it was decided not to take work
from them. He further submits that it is absolutely in violation
of natural justice and petitioners cannot be removed without
notice or information.
3. Learned counsel for the Bihar Education Project
Council has raised a preliminary objection and vehemently
opposed the prayer made in the writ petition. He submits that
the order under challenge is a policy decision of the Bihar
Education Project Council. It is further submitted that no stigma
has been cast upon any individual; rather, the termination was
made purely as a matter of policy and is a termination
simpliciter.
Patna High Court CWJC No.7728 of 2025(2) dt.06-04-2026
3/3
4. Upon perusal of the impugned order, it appears
that the authorities found the services of the petitioners and
other similarly situated persons to be unsatisfactory, and
accordingly, a collective decision was taken as part of a broader
policy consideration. The nature of the termination has been
treated as one simpliciter and not punitive in nature.
5. In view of the above, this Court is not inclined to
interfere with the policy decision of the Bihar Education Project
Council. Accordingly, the writ petition is dismissed.
(Dr. Anshuman, J)
Ashwini/-
U
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