Patna High Court
Rakesh Kumar BishwasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The writ petition is disposed of, leaving the implementation of the order to be decided by the pending appeal before the State Appellate Authority.
Summary
The petitioner, Rakesh Kumar Bishwas, a Panchayat Teacher, obtained an order in his favour from the District Teachers Appellate Authority on 06-12-2023, directing his appointment. Despite the order, the respondents failed to implement it, prompting the petitioner to file a writ petition seeking a direction to dispose of his pending representation before the District Magistrate. The respondents, particularly the District Programme Officer, filed an appeal (No. 279/2025) against the Appellate Authority's order, which remains pending before the State Appellate Authority. The petitioner argued that there was no stay on the order and he was being denied his post. The High Court observed that the appeal is still pending and, in the absence of a stay, it is appropriate to let the appellate process run its course, thereby disposing of the writ petition without ordering immediate implementation. The Court expressed hope that the State Appellate Authority would expedite the appeal.
Issues considered
- What relief, if any, can the High Court grant in a writ petition when the order appealed against is pending before a higher appellate authority?
- Is a stay of the order necessary before the petitioner can be reinstated to his post?
Subjects
- writ petition
- implementation of order
- appellate authority
- stay of order
- civil writ jurisdiction
- education department
- appointment
- Panchayat teacher
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8749 of 2025
======================================================
Rakesh Kumar Bishwas, Son of Mangal Lal Bishwas, Resident of Bara, Ward
No. 13, Prashadpur, Araria, Bihar-854325.
... ... Petitioner/s
Versus
1. The State of Bihar represented through the Additional Chief Secretary,
Education Department, Government of Bihar, Patna.
2. The Director, Primary Education, Government of Bihar, Patna.
3. The District Magistrate, Araria.
4. The District Education Officer, Araria.
5. The District Programme Officer (Establishment), Araria.
6. The Block Education Officer, Jokihat Block, District Araria.
7. The Gram Panchayat Raj Prasadpur, Block Jokihat, District Araria
represented through its Panchayat Secretary.
8. The Mukhiya of Gram Panchayat Raj Prasadpur, Block Jokihat, District
Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate
For the Respondent/s : Ms. Vertika K. Kashyap, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 02-02-2026
Heard Mr. Kumar Ravish, learned Advocate for the
petitioner and Ms. Vertika K. Kashyap, learned Advocate for the
State.
2. The petitioner by invoking the jurisdiction of this
Court has sought a direction upon the respondents to dispose of
his representation dated 04.01.2025 pending before the District
Magistrate, Araria for implementation of the order dated
06.12.2023 passed in his favour by the District Teachers
Patna High Court CWJC No.8749 of 2025 dt.02-02-2026
2/3
Appellate Authority, Araria, Bihar (in short ‘Appellate
Authority’) in Appeal Case No. 29 of 2017.
3. Learned Advocate for the petitioner submitted
that despite the order having been passed by the Appellate
Authority long back on 06.12.2023, till date the order has not
been complied with and, as such, the petitioner has been
compelled to approach this Court.
4. Counter Affidavit as well as Supplementary
Counter Affidavit has been filed on behalf of respondent no.5.
5. This Court is apprised that against the order
passed by the Appellate Authority, the answering respondent
District Programme Officer (Establishment) Araria has preferred
appeal, bearing no. 279/2025. The aforenoted appeal was heard
and 08.09.2025 and further on 29.10.2025 and the petitioner and
Panchayat Secretary have been directed to file their respective
counter affidavit and the matter is pending consideration till
date.
6. Learned Advocate for the petitioner, at this
juncture, submits that admittedly there is no stay of the order
passed by the Appellate Authority and the petitioner has not
been allowed to join on his post, as Panchayat Teacher.
7. Be that as it may, considering the fact that the
Patna High Court CWJC No.8749 of 2025 dt.02-02-2026
3/3
concerned respondent has already preferred appeal against order
dated 06.12.2023, passed by the Appellate Authority and now
the same is pending consideration before the learned State
Appellate Authority, this Court deems it fit and proper to
dispose of the writ petition with a hope and expectation that the
State Appellate Authority shall expedite the appeal and bring to
its logical conclusion, at the earliest.
8. The writ petition stands disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.02.2026
Transmission Date NA
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