Patna High Court
Arpana UpadhyayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court disposed of the writ application as withdrawn, granting the petitioner liberty to seek relief through the Additional Chief Secretary, without deciding the substantive issues.
Summary
The petitioner, a school teacher, challenged a termination order issued by the principal of Utkramit Mauni Uchh Madhyamik Vidyalaya, seeking its quash and reinstatement through a writ petition. The petitioner argued that the termination had been set aside by the District Public Grievance Redressal Officer, who directed reinstatement, but the State contended that the officer lacked jurisdiction and the order was a nullity. Both parties consented to dispose of the writ at this stage. The court, without adjudicating the merits, allowed the petitioner to withdraw the writ and approach the Additional Chief Secretary, Department of Education, for implementation of the earlier order. The court directed that the representation be decided within three months and that a reasoned order be issued.
Issues considered
- Whether the termination order issued by the school principal is legally valid.
- Whether the District Public Grievance Redressal Officer had jurisdiction to set aside the termination and direct reinstatement.
- Whether the petitioner may withdraw the writ and seek relief through the administrative channel of the Additional Chief Secretary.
Subjects
- termination
- reinstatement
- school teacher
- writ of certiorari
- mandamus
- public service commission
- administrative remedy
- withdrawal of writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.905 of 2026
======================================================
Arpana Upadhyay Daughter of Subhash Chandra Upadhyay, Resident of B-
34/4 9 P.A.C., Kanth Road, P.O.- Moradabad H.O., P.S.- Kanth, District-
Moradabad, Uttar Pradesh- 244001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Department of Education,
Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Director, Secondary Education, Department of Education, Government
of Bihar, Patna.
4. The Chairman, Bihar Public Service Commission, Patna.
5. The Secretary, Bihar Public Service Commission, Patna.
6. The Joint Secretary-cum-Examination Controller, Bihar Public Service
Commission, Patna.
7. The District Magistrate, Saharsa, Bihar.
8. The District Education Officer, Saharsa, Bihar.
9. The District Program Officer, Saharsa, Bihar.
10. The Block Education Officer, Patarghat, Saharsa, Bihar.
11. The Principal, Utkramit Mauni Uchh Madhyamik School, Kahra, Patarghat,
Saharsa, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kumar Jha, Sr. Adv
Mr.Vikas Ratan Bharti, Adv
Mr. Siddharth Aditya, Adv
For the State : Mr. Amit Bhushan, AC to GP 17
For the BPSC : Mr. Sanjay Prasad, Adv
Mr. Nishant Kumar Jha, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 22-01-2026 Heard learned senior counsel for the petitioner and
learned counsel for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
Patna High Court CWJC No.905 of 2026(2) dt.22-01-2026
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“(i) To issue an appropriate
writ/order/direction in the nature of
certiorari for quashing the
Termination Order issued vide Letter
No. 221 dated 26.06.2025, passed by
the Principal, Utkramit Mauni Uchh
Madhymik Vidyalya, Kahra, Saharsa,
Bihar (as contained in Annexure-5).
(ii) To issue an appropriate
writ/order/direction in the nature of
mandamus commanding the
respondent authorities to reinstate the
petitioner on the post of School
Teacher in Utkramit Mauni Uchh
Madhymik Vidyalya, Kahra, Saharsa,
Bihar.
(iii) To issue an appropriate
writ/order/direction in the nature of
mandamus commanding the
Respondent No. 7 to consider and
decide the representation dated
01.11.2025 within a time-bound
period as may be directed by this
Hon'ble Court (as contained in
Annexure-9).
(iv) To issue an appropriate
writ/order/direction in the nature of
mandamus commanding the
respondent authorities to adhere to
and give effect to the order dated
Patna High Court CWJC No.905 of 2026(2) dt.22-01-2026
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27.09.2025 passed by the District
Public Grievance Redressal Officer,
Sharsa and reinstate the petitioner on
the post of School Teacher (as
contained in Annexure-8).
(v) To issue any other relief
or reliefs for which the petitioner is
found to be entitled in the facts and
circumstances of the case.”
4. While advancing argument, learned senior counsel
for the petitioner submits that although in the present writ
application, the petitioner has challenged the termination order
issued vide letter no. 221 dated 26.06.2025 said to have been
passed by the Principal, Utkramit Mauni Uchh Madhymik
Vidyalya, Kahra, Saharsa, Bihar but the said termination order,
as per learned senior counsel appearing for the petitioner, is no
longer in legal existence for the reason that, as per the petitioner,
the said termination order was challenged by the petitioner
before the District Public Grievance Redressal Officer, Saharsa
and the same was registered as Complaint Case No.
7110130062513710 dated 30.06.2025. He further submits that
by letter no. 1795 dated 09.07.2025, the District Programme
Officer (Establishment), Saharsa had asked the Principal of the
concerned school to submit clarification regarding the
termination of the petitioner from the post of TRE-03 school
Patna High Court CWJC No.905 of 2026(2) dt.22-01-2026
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teacher.
5. Learned senior counsel further submits that vide
order dated 27.09.2025 passed by the District Public Grievance
Redressal Officer, Saharsa, it was held that the petitioner was
qualified and joined the post as per the guidelines mentioned in
the Advertisement No. 224/2023 and, therefore, the termination
of the petitioner was not in accordance with law and further, the
District Education Officer, Saharsa (respondent no.8) was
directed to reinstate the petitioner, which has not been done till
now.
6. At this stage, learned senior counsel appearing for
the petitioner submits that in view of the fact that the
termination order has not been found to be in accordance with
law by the District Public Grievance Redressal Officer, Saharsa
and direction has been given to the District Education Officer,
Saharsa to reinstate the petitioner, which as per the petitioner,
has not been done till now, therefore, the petitioner, may be
permitted to withdraw the present writ application with liberty
to approach the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna (respondent no.2) to
seek implementation of the order dated 27.09.2025 passed by
the District Public Grievance Redressal Officer, Saharsa which
Patna High Court CWJC No.905 of 2026(2) dt.22-01-2026
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has been brought on record by way of Annexure-P/8.
7. Per contra, learned counsel for the respondent-
State submits that this writ application is wholly misconceived
and even the submission made by learned senior counsel for the
petitioner does not want consideration for the reason that as
against the termination order, the petitioner ought to have
approached the District Education Officer, Saharsa for redressal
of his grievance but instead of doing that the petitioner wrongly
and illegally approached the District Public Grievance Redressal
Officer, Saharsa, who had no authority in law to either set aside
the termination order or make any comment with regard to the
legality of the termination order. Learned counsel for the
respondent-State further submits that in such view of the matter,
the order passed by the District Public Grievance Redressal
Officer, Saharsa dated 27.09.2025 is an illegal order and
amounts to nullity in the eye of law.
8. Without commenting on the legality or illegality of
the order dated 27.09.2025 passed by the District Public
Grievance Redressal Officer, Saharsa, this writ application is
permitted to be withdrawn by the petitioner for filing
representation before the Additional Chief Secretary,
Department of Education, Government of Bihar, Patna for
Patna High Court CWJC No.905 of 2026(2) dt.22-01-2026
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seeking the relief as mentioned above and if such a
representation is filed within one month from the date of passing
of this order, the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna shall dispose of the
same after taking due consideration to the objection raised by
learned counsel appearing for the respondent-State. While
disposing of the representation of the petitioner, the petitioner
shall be given an opportunity of hearing. The entire exercise
must be completed by the Additional Chief Secretary,
Department of Education, Government of Bihar, Patna within
three months from the date of filing of the representation.
Needless to emphasize that the final order which shall be passed
by the Additional Chief Secretary, Department of Education,
Government of Bihar, Patna should be a reasoned and speaking
order.
9. With the aforesaid observation/direction, this writ
application is disposed of as withdrawn with liberty as
aforesaid. All pending interlocutory application(s), if any, shall
also be deemed to have been disposed of.
(Alok Kumar Sinha, J)
kiran/-
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