Created by Fuzzy Cloud

Patna High Court

Rakesh Kumar BishwasversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.