Patna High Court

Ashok Kumar SinghversusThe State of Bihar

Decided: 3 February 2026
Disposal: WITHDRAWN
Bench: THE CHIEF JUSTICE NANI TAGIA

Holding

The court permits the petitioner to withdraw the writ petition and grants liberty to file a fresh petition challenging the remaining rules.

Summary

Ashok Kumar Singh filed a writ petition in the Patna High Court challenging Rules 3(2) and 3(3) of the Bihar Prarambhik Vidyalay Pradhan Shikshak (Bihar Elementary School Head Teacher) Rule, 2024, alleging that they are illegal, arbitrary and unconstitutional. The court observed that a Division Bench had already decided a similar petition (C.W.J.C. No. 6683 of 2024, judgment dated 13‑02‑2025) and dismissed it on the same grounds. The petitioner sought permission to withdraw the present petition and to file a fresh writ petition challenging the remaining rules. The court allowed the withdrawal, granting the petitioner liberty to institute a fresh petition against the other contested rules. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

Whether Rules 3(2) and 3(3) of the Bihar Prarambhik Vidyalay Pradhan Shikshak Rule, 2024 are arbitrary, illegal and unconstitutional.
Whether the petitioner may withdraw the writ petition and file a fresh petition challenging other rules.

Subjects

writ petition
arbitrary rule
constitutional challenge
withdrawal
education law
Bihar elementary school rules

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.785 of 2025
     ======================================================

     Ashok Kumar Singh, S/o Late Sarvanand Singh, R/o Village- Chilbili, P.O.-
     Nisarpura, P.S.- Beur, District- Patna at Present Mohalla- New Atwarpur P.O.-
     Kurthoul, P.S.- Parsa Bazar, District- Patna, presently posted as Panchayat
     Teacher at Government Primary School, Pipra (S.C.), Block- Punpun,
     District- Patna.

                                                                  ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Additional Chief Secretary, Education Department, Government of
     Bihar, Patna.
3.   The Principal Secretary, Finance Department, Government of Bihar, Patna.
4.   The Principal Secretary, Urban Development Department, Government of
     Bihar, Patna.
5.   The Principal Secretary, Panchayat Raj Department, Government of Bihar,
     Patna.
6.   The Director, Primary Education, Education Department, Government of
     Bihar Patna.
7.   The District Education Officer, Patna, District- Patna.
8.   The District Programme Officer, Establishment (Education), Patna, District-
     Patna.
9.   The Block Development Officer, Punpun, District- Patna.
10. The Block Education Officer, Punpun, District- Patna.
11. The Panchayat Secretary -cum- Member Secretary, Panchayat Teacher
    Employment Committee, Parthu Panchayat, Block- Punpun, District- Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Lalit Kishore, Sr. Advocate
                                    Mr. Mrityunjay Kumar, Advocate
                                    Mr. Arinjay Kumar, Advocate
                                    Mr. Shivam Kumar, Advocate
     For the Respondent/s   :       Mr. P.K. Shahi, Advocate General
                                    Mr. Vikas Kumar, A.C. to A.G.
     ======================================================
         Patna High Court CWJC No.785 of 2025(4) dt.03-02-2026
                                                     2/3




                 CORAM: HONOURABLE THE CHIEF JUSTICE
                       and
                       HONOURABLE MR. JUSTICE NANI TAGIA
                                    ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   03-02-2026                 The petitioner Ashok Kumar Singh has filed this writ

                   petition to declare, inter alia, Rules 3(2) and 3(3) of Bihar

                   Prarambhik Vidyalay Pradhan Shikshak (Bihar Elementary

                   School Head Teacher) Rule, 2024, as published vide

                   Notification No.7/Vidh-30/2021-385 dated 20.02.2024 as

                   illegal, arbitrary, unconstitutional and in consonance with the

                   rule/law made by the respondents themselves.

                               2. At this juncture, learned Advocate General placed

                   the judgment dated 13.02.2025 of a Division Bench of this

                   Court in C.W.J.C. No. 6683 of 2024 where the very two rules

                   were under challenge on the ground that they are arbitrary and

                   unconstitutional and this Court has been pleased to dismiss the

                   writ petition.

                               3. Learned counsel for the petitioner submits that

                   since the other rules are also under challenge in this writ petition

                   and only in the aforesaid judgment dated 13.02.2025 decision

                   has been taken in respect of Rules 3(2) and 3(3) of 2024 Rules,

                   he may be permitted to withdraw this writ petition with liberty

                   to file a fresh writ petition challenging the other rules which are
           Patna High Court CWJC No.785 of 2025(4) dt.03-02-2026
                                                       3/3




                     also under challenge in this writ petition.

                                 4. Accordingly, the writ petition is disposed of as

                     withdrawn giving liberty to the petitioner as prayed for.



                                         (Sangam Kumar Sahoo, CJ)


                                                   (Nani Tagia, J)
P.K.P./-

U

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