Patna High Court
Ram Krishna MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The termination of the petitioners' services was within the authority of the Bihar Education Project Council and did not merit judicial interference.
Summary
The petitioners, a group of retired government teachers, were appointed as Block Resource Persons under a Bihar Education Project and later terminated via Letter No. 585 dated 27.03.2025 without any show‑cause notice. They contended that the termination violated the principles of natural justice and was arbitrary. The respondents argued that the appointment letters allowed periodic scrutiny of performance and that the termination was a policy decision based on unsatisfactory inspection reports. The court examined the contractual terms, the clause permitting termination for unsatisfactory work, and the lack of procedural fairness claimed by the petitioners. Concluding that the authority acted within its contractual power, the court dismissed the writ petition, upholding the termination.
Issues considered
- Whether termination of the petitioners' contractual services without a show‑cause notice infringes the principles of natural justice.
- Whether the clause in the appointment order permitting performance‑based scrutiny authorises immediate termination.
- Whether the writ petition challenging the termination is maintainable.
Subjects
- natural justice
- contractual employment
- termination
- Block Resource Person
- education project
- writ petition
- administrative discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7861 of 2025
======================================================
1. Ram Krishna Mandal S/o Late Phusi Mandal, R/o Village and P.O. Korthu,
P.S. Ghanshyampur, District Darbhanga.
2. Sanjay Kumar Srivastava, S/o Shashi Bhushan Prasad, R/o Mohalla-
Bazitpur, P.O.- Shubhankerpur, P.S.- Lahriasarai, District Darbhanga.
3. Manil Kumar Karn, S/o Late Sarv Narayan Lal Karn, R/o Village and P.O.-
Aasi, P.S.- Ghanshyampur, District- Darbhanga.
4. Vinodanand Jha, S/o Late Jay Krishna Jha, R/o Village and P.O.- Dulha, Via-
Keoti Runway, P.S. - Bisfi, District Darbhanga.
5. Dharmendra Kumar Lal, S/o Late Ragholal Das, R/o Mohalla Nayatola,
Sundarpur, P.O.- Lalbagh, P.S.- L.N.M.U. Campus, District- Darbhanga.
6. Sunil Kumar Suman, S/o Late Laxman Lal Das, R/o Mohalla Sundarpur
Bira, P.O.- Vasudevpur, P.S.-L.N.M.U. Campus, District- Darbhanga.
7. Shoaib Ahmad Ansari, S/o Abdur Raquib, R/o Mohalla- Quazipura, P.O.-
Laheriasarai, P.S.- Laheriasarai, District- Darbhanga.
8. Md. Manzoor Alam, S/o Md. Kallo, R/o Village Barhampura, P.O.-
Pohaddibela, P.S. - Ghanshyampur, District Darbhanga.
9. Md. Habibullah Ansari, S/o Md. Kurban Ansari, R/o Village Hasanpur, P.O.-
Jagatpur, P.S. - Phulparas, District Madhubani.
10. Ram Krishna Yadav, S/o Dev Narayan Yadav, R/o Village and P.O. -
Kabaria, P.S.- Darbhanga Sadar, District Darbhanga.
11. Mahendra Jha, S/o Late Cihoran Jha, R/o Village- Belon, P.O.- Nawada,
P.S.- Bahera, District- Darbhanga.
12. Mod Narayan Poddar, S/o Late Mahaveer Poddar, R/o Village and P.O.-
Galma, P.S.- Ghanshyampur, District Darbhanga.
13. Binod Kumar, S/o Shibjee Sinha, R/o Village- Sakatpur, P.O.- Pokharbhinda,
P.S.- Sakatpur, District- Darbhanga.
14. Suresh Kumar, S/o Late Ramchandra Prasad, R/o Village and P.O.- Kerai,
Via- Kalyanpur, P.S.- Bibhutipur, District- Samastipur.
15. Surya Narayan Yadav, S/o Bansilal Yadav, R/o Village- Sonvarsa, P.O.-
Karhari, P.S.- Laukhi, District Madhubani.
16. Md. Nawab, S/o Md. Nehal Ahmed, R/o Mohalla- Saraisattar Khan, P.O.-
Laheriasarai, P.S. - Laheriasarai, District Darbhanga.
17. Md. Israil, S/o Md. Ismail, R/o Village- Mahthaur, P.O. - Putai, P.S.- Tardih,
District Darbhanga.
18. Ram Kumar Jha, S/o Late Ramlakhan Jha, R/o Mohalla- Chunabhatti, P.O.-
Laxmisagar, P.S.- LN.M.U. Campus, District- Darbhanga.
19. Aruna Choudhary, W/o Ram Das, R/o Village and P.O. - Balour, P.S.-
Manigachi, District Darbhanga.
... ... Petitioner/s
Versus
Patna High Court CWJC No.7861 of 2025 dt.30-03-2026
2/5
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The State Project Director, Bihar Education Project Council, Patna, Shiksha
Bhawan, Rashtra Bhasha Parishad Campus, Saidpur, Rajendra Nagar, Patna-
800004.
4. The Director (Administration)-cum-Additional Secretary, Education
Department, Bihar, Patna.
5. The District Education Officer, Darbhanga.
6. The District Programme Officer, Prarambhik Shiksha Evam Samagra
Shiksha, Bihar Education Project, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jagnnath Singh, Advocate
For the State : Mr. Madhaw Pd. Yadav, GP-23
For the BEPC : Mr. Girijesh Kumar, Advocate
Mr. Akash Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 30-03-2026
Heard learned counsel appearing for the petitioners,
learned counsel appearing for the State and learned counsel
appearing for the Bihar Education Project Council.
2. Learned counsel for the petitioners submits that the
petitioner has filed the present writ petition formality
3. Learned counsel for the petitioners submits that the
petitioners are retired Government teachers. It is further
submitted that the Government of Bihar, in a high-level meeting
held on 27.06.2023, decided that in 537 Block/Urban Resource
Centres (BRC/URC), there shall be three posts of Block
Resource Persons for each block, totalling 1611 posts, to be
Patna High Court CWJC No.7861 of 2025 dt.30-03-2026
3/5
filled from amongst retired teachers by preparing a panel at the
block level upon obtaining their consent for re-employment up
to the age of 65 years. Pursuant thereto, a notification was
issued and the petitioners were duly selected.
4. Learned counsel for the petitioners further submits
that upon selection, the petitioners started discharging their
duties in their respective areas of posting. However, all of a
sudden, in gross violation of the principles of natural justice,
Letter No. 585 dated 27.03.2025 was issued, which is illegal,
arbitrary, and bad in law.
5. It is further submitted that the said letter does not
contain any reason or indication for the removal of the
petitioners. Learned counsel submits that though the petitioners
were appointed on a contractual basis after their retirement, their
services have been terminated without issuance of any show-
cause notice or affording them an opportunity of hearing,
thereby violating the principles of natural justice.
6. On the other hand, learned counsel for the Bihar
Education Project Council submits that the petitioners have not
placed the correct factual matrix before this Court. It is
contended that no stigma has been attached to the petitioners;
rather, as a matter of policy, a decision has been taken not to
Patna High Court CWJC No.7861 of 2025 dt.30-03-2026
4/5
continue their engagement as the nature of work assigned to
them has been reconsidered.
7. Learned counsel further submits that the
appointment letter clearly stipulates that the work of the
petitioners would be scrutinized from time to time, and in case
the same is not found satisfactory, their contractual services are
liable to be terminated.
8. In support of his contention, learned counsel relies
upon the judgment of this Court in CWJC No. 4556 of 2025 and
CWJC No. 11361 of 2025, as contained in Annexure R/3/E to
the counter affidavit filed on behalf of respondent no. 3, wherein
the issue has been categorically dealt with. It is further
submitted that the engagement of the petitioners was under a
project of the Bihar Education Project Council, and without
attributing any allegation, a decision has been taken not to
continue taking work from them.
9. After hearing the parties and considering the
pleadings on record, it transpires to this Court that the
authorities of the Bihar Education Project Council, after
selection of the petitioners, undertook scrutiny of their work
and, as a matter of policy, decided not to continue them for the
purpose of school inspection, there being a marked discrepancy
Patna High Court CWJC No.7861 of 2025 dt.30-03-2026
5/5
between the inspection reports submitted by the petitioners and
those received from other sources.
10. This Court is not inclined to interfere with the
decision of the authorities concerned, inasmuch as Clause 5 of
the order dated 25.07.2023 specifically provides that the work
of the selected Block Resource Persons shall be scrutinized
from time to time, and if found unsatisfactory, their services
may be terminated by the competent authority with immediate
effect.
11. With the aforesaid observation and direction, the
present writ petition stands dismissed.
12. Interlocutory application, if any, also stands
dismissed.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 30/03/2026
Transmission Date NA
Checking your session…