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Patna High Court

Ram Krishna MandalversusThe State of Bihar

Decided
Disposal
DISMISSED

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
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  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
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         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
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         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
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                      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


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