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Patna High Court

Sonam KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the State Appellate Authority acted without jurisdiction in cancelling the petitioner’s appointment and ordering retrospective termination and salary recovery, and therefore set aside the order and directed her reinstatement.

Summary

The petitioner, Sonam Kumari, was appointed as a Panchayat Teacher in 2022 based on a merit list that later was found to contain a miscalculation of her marks. The District Appellate Authority allowed her claim for salary, but the State Appellate Authority later cancelled her appointment retrospectively and ordered recovery of salary, citing the merit‑list error. The petitioner challenged this order, arguing that the appellate authority lacked jurisdiction, especially in the absence of a judicial member, and that retrospective termination and salary recovery were illegal. The High Court examined the statutory limits of the State Appellate Authority, the principle that termination cannot be back‑dated, and the lack of any fraud by the petitioner. It held that the appellate authority acted beyond its jurisdiction and set aside the cancellation order, directing reinstatement of the petitioner pending further lawful determination.

Issues considered

  • Whether the State Appellate Authority had jurisdiction to cancel the appointment and order retrospective termination in the absence of a judicial member.
  • Whether retrospective termination of service and recovery of salary already drawn are legally permissible.
  • Whether the petitioner is liable for the merit‑list miscalculation and can be deemed to have connived in the error.
  • Whether the State Appellate Authority exceeded its statutory jurisdiction by deciding matters beyond the four corners of the appeal.
  • Whether the petitioner is entitled to reinstatement and continuation of service.

Subjects

  • appointment
  • retrospective termination
  • jurisdiction
  • state appellate authority
  • merit list miscalculation
  • reinstatement
  • Article 226
  • public service law
  • education department

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9257 of 2024
     ======================================================
     Sonam Kumari W/o Pinkesh Kumar, D/o Dani Prasad Yadav R/o Village-
     Nathpur, P.O.- and P.S.- Saur Bazar, District- Saharsa.

                                                              ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Additional Chief Secretary, Department of
     Education, Govt. of Bihar, Patna.
2.   The Director Primary Education Department of Education Patna.
3.   The District Education Officer, Saharsa.
4.   The District Programme Officer (Est.) Saharsa.
5.   The Block Education officer, Block Saur Bazar, District Saharsa.
6.   The Panchayat Secretary, Gram Panchayat Raj- Kadhaiya, Block- Saur
     Bazar, District- Saharsa.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Ms. Nivedita Nirvikar, Sr. Adv.
                                   Mr. Shambhu Sharan Kumar, Adv
     For the Respondent/s   :      Ms. Vartika K Kashyap, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 27-01-2026

                    Heard Ms. Nivedita Nirvikar, learned Senior Advocate

      along with Mr. Shambhu Sharan Kumar, learned Advocate for

      the petitioner and Ms. Vartika K Kashyap, learned Advocate for

      the State.

                    2. Challenge in the present writ petition is made to an

      order dated 24.05.2024 passed in Appeal/T-284/2023 by the

      learned State Appellate Authority, Education Department, Bihar,

      Patna whereby the appeal preferred by the respondent Block

      Education Officer, Saur Bazar, Saharsa was allowed and set-
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         aside the order dated 06.06.2023 passed by the District Teachers

         Appellate Authorities, Saharsa in Appeal Case No. 08/2023 and

         the    appointment       of    the    petitioner   has   been   canceled

         retrospectively from the date of appointment itself and further

         direction was given to make recovery of the amount paid to the

         petitioner till date.

                     3. Briefly stated, the petitioner applied for the post of

         Panchayat Teacher under BC(F) category in Kadhaiya Gram

         Panchayat in the year 2019-2020, in terms with Bihar Panchayat

         Primary Teachers (Appointment and Service Condition) Rules,

         2012 (hereinafter referred to as, “Rules, 2012”). After

         completing all the procedure, a final merit list was published

         and the name of the petitioner figured at Sl. No. 26 along with

         others under BC category. Based on the merit position,

         counseling was done and finally the petitioner was selected as

         Panchayat Teacher on 26.02.2022 vide Memo No. 01.

                     4. Despite the petitioner having been duly appointed

         when she was not paid her salary, filed Appeal Case No.

         08/2023 before the learned District Appellate Authority,

         Saharsa. The District Appellate Authority, Saharsa vide its order

         dated 06.06.2023 allowed the appeal holding that the

         appointment of the petitioner has been made on the basis of
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         valid academic certificates in terms with relevant rules.

         Moreover, the petitioner has been regularly discharging her duty

         and none of the candidate has ever challenged or objected the

         selection of the petitioner, the District Appellate Authority held

         the petitioner entitled for salary and other benefits. It was

         further observed that if there was any irregularity in preparation

         of merit list action, if any, should be taken against the concerned

         officers for wrong calculation of merit points in terms of Memo

         No. 998 dated 22.09.2021, issued by the Education Department,

         Government of Bihar.

                     5. Aggrieved, the Panchayat Secretary filed a review

         application against the order passed by the District Appellate

         Authority, Saharsa. However, it also came to be rejected vide

         order dated 30.06.2023. In the meanwhile, since the Block

         Education Officer as well as Panchayat Secretary have also

         come out with letters restraining the petitioner from discharging

         her duties, the same were also set-aside. The Block Education

         Officer, Saur Bazar, Saharsa dissatisfied with the order passed

         by the District Appellate Authority preferred Case No.

         Appeal/T-284/2023 before the learned State Appellate Authority

         and accordingly, the impugned order came to be passed which is

         put to challenge by filing the present writ petition.
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                     6. Learned Senior Advocate while assailing the

         impugned order has canvassed manifold submissions inter alia

         that no-one should be punished for the mistake committed by

         others and no-one can be allowed to take advantage of their own

         mistake and conveniently pass on the blame to the others and, as

         such, the justice demands that the petitioner’s case should be

         considered sympathetically by this Court. To strengthen the

         aforesaid submissions, reliance has been placed on the decisions

         rendered in the case of Mohammed Gazi Vs. State of M.P. &

         Ors., (2000) 4 SCC 342; A.K. Lakshmipathy (Dead) & Ors. Vs.

         Rai Saheb Pannalal H. Lahoti Charitable Trust & Ors. (2010)

         1 SCC 287 and Rekha Mukherjee Vs. Ashis Kumar Das &

         Ors., (2005) 3 SCC 427.

                     7. It is further contended that on bare perusal of the

         final merit list, it is evident that the then employment unit has

         committed mistake and wrongly calculated the merit points of

         not only the petitioner, but also of many other candidates. On

         account of such miscalculation, the petitioner’s marks was

         shown as 73.07%, placing her at Sl. No. 26 whereas her actual

         marks were 59.18% to be placed at Rank 111. It is unfortunate

         that for the miscalculation of merit marks, the petitioner has

         been penalized and the concerned employment unit/authorities
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         has been left scot free, irrespective of the letter issued by the

         Additional Chief Secretary, Education Department, Government

         of Bihar contained in Memo No. 998 dated 22.09.2021, that

         action can be taken against the candidate only in the case of

         producing forged certificates and for all other issues pertaining

         to selection process, it is the employment unit/authorities who

         are answerable and liable.

                     8. The petitioner was the sole candidate, who

         appeared in the counseling and the employment unit following

         all the process of verification of documents and counseling have

         closed the counseling register and thus, there remains no dispute

         that the petitioner had participated in the counseling and got

         selected. There was no objection against the selection of the

         petitioner by any of the candidate. Hence, the finding of the

         State Appellate Authority that the selection of the petitioner has

         caused prejudice to the right of third party does not get

         substantiated. The learned State Appellate Authority has

         travelled beyond the lis and directed to cancel the appointment

         of the petitioner whereas, the petitioner had approached the

         learned District Appellate Authority for non-payment of salary

         and on this score also, the impugned order is unsustainable.

                     9. Learned Senior Advocate next contended that the
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         law is well settled that there cannot be retrospective termination

         of a person. Moreover, the State Appellate Authority has

         committed a wrong while directing for recovery of the payment

         made to the petitioner as it is not the case of the employment

         unit that the petitioner has committed any fraud. Further in

         absence of judicial member, learned Appellate Authority has had

         no jurisdiction to decide the issue. This issue has been dealt with

         by a co-ordinate Bench of this Court in CWJC No. 17508 of

         2021, where the Court in identical circumstances, on being

         found that the order has been passed by the Member

         Administrative has set-aside the order and remitted the matter

         for fresh determination. To support the aforesaid contention,

         further reliance has also been placed on a decision reported in

         Shobha Kumari Vs. The State of Bihar & Ors., (2025) 4 PLJR

         1 that in absence of Judicial Chairperson, any order passed by

         learned State Appellate Authority is without jurisdiction.

                     10. Learned Senior Advocate while concluding her

         submissions further contended that the Block Education Officer,

         has no power and authority to assail the order of the District

         Appellate Authority and if there was any objection with regard

         to appointment of the petitioner, it is the employment unit, being

         an autonomous body vested with right to sue on its behalf, who
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         may prefer the appeal before the State Appellate Authority. In

         any case, the decision of the authority is bad in law and requires

         interference by this Court. In the interest of justice, as the scope

         of Article 226 of the Constitution of India is of wider

         ramification.

                     11. Per contra, learned Advocate for the State Ms.

         Varitka K Kashyap has taken this Court through the impugned

         order and submitted that the same has been passed after

         meticulous examination of the records and on scrutiny of the

         documents exhibited by the parties and, as such, the present writ

         petition is not sustainable in facts or in law and no relief could

         be granted to the petitioner while exercising the power to

         judicial review. To support the aforesaid contention, reliance has

         been placed on a decision rendered by the Apex Court in the

         case of Central Council for Research in Ayurvedic Sciences &

         Anr. Vs. Bikartan Das & Ors., (2023) 16 SCC 462.

                     12. It is further contended that the petitioner was

         appointed based upon wrong calculation of her merit marks and

         if a mistake had been committed in calculation of merit marks, it

         was her duty to object to it, after publication of provisional

         merit list. It is thus obvious that she did not want to lose

         advantage of this mistake or deliberate illegal act. Hence,
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         connivance or implication of the petitioner cannot be ruled out.

         The Appellate Authority has rightly come to the conclusion that

         despite the petitioner being aware of her actual marks and merit

         points, she must have noticed after publication of provisional

         merit list that it had been enhanced by wrong calculation, if she

         did not make any objection, she was party of this mistake or

         intentional illegal act. It is lastly contended that now in

         compliance with the order passed by the State Appellate

         Authority, necessary communication has been made by the

         District Programme Officer, Saharsa to the concerned Panchayat

         Secretary and accordingly, the petitioner has been terminated

         from service vide order contained in Memo No. 15            dated

         19.07.2024, which order is put to challenge by filing an

         interlocutory application bearing I.A. No. 1 of 2024.

                     13. This Court has bestowed anxious consideration to

         the submissions advanced by learned Senior Advocate and

         learned Advocate for the respective parties and also perused the

         materials available on record.

                     14. Before coming to the facts of the present case, it

         would be pertinent to take note of the principle enunciated by

         the Apex Court in series of decisions, including one of the

         decision upon which reliance has been placed by the State of
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         Bihar i.e. Bikartan Das (supra) where the Court held that “the

         first cardinal principle of law that governs the exercise of

         extraordinary jurisdiction under Article 226 of the Constitution,

         more particularly when it comes to the issue of a writ of

         certiorari is that in granting such a writ, the High Court does

         not exercise the powers of the Appellate Tribunal. It does not

         review or reweigh the evidence upon which the determination of

         the inferior tribunal purports to be based. It demolishes the

         order which it considers to be without jurisdiction or palpably

         erroneous but does not substitute its own views for those of the

         inferior tribunal. The writ of certiorari can be issued if an error

         of law is apparent on the face of the record. A writ of certiorari,

         being a high prerogative writ, should not be issued on mere

         asking.”      It would be worth benefiting to encapsulate the

         relevant paragraph of the aforenoted ruling, where the Apex

         Court while crystallizing the scope and ambit of writ of

         certiorari emphasized as follows:

                                             “52. Relying on T.C. Basappa ,
                                 the Constitution Bench of this Court in
                                 Hari Vishnu Kamath, laid down the
                                 following propositions as well established
                                 : (Hari Vishnu Kamath case, SCC p. 899,
                                 para 24)
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                                              “24. … 24.1. “Certiorari”
                                 will be issued for correcting errors of
                                 jurisdiction, as when an inferior court or
                                 tribunal acts without jurisdiction or in
                                 excess of it, or fails to exercise it.
                                              24.2. “Certiorari” will also be
                                 issued when the court or tribunal acts
                                 illegally in the exercise of its undoubted
                                 jurisdiction, as when it decides without
                                 giving an opportunity to the parties to be
                                 heard, or violates the principles of natural
                                 justice.
                                             24.3. The court issuing a writ
                                 of “certiorari” acts in exercise of a
                                 supervisory and not appellate jurisdiction.
                                 One consequence of this is that the court
                                 will not review findings of fact reached by
                                 the inferior court or tribunal, even if they
                                 be erroneous.”
                                             53. This Court explained that a
                                 court which has jurisdiction over a
                                 subject-matter has jurisdiction to decide
                                 wrong as well as right, and when the
                                 legislature does not choose to confer a
                                 right of appeal against that decision, it
                                 would be defeating its purpose and policy
                                 if a superior court were to rehear the case
                                 on the evidence and substitute its own
                                 finding in certiorari.”

                     15. Now coming to determine the validity of the

         impugned order passed by the State Appellate Authority, it is

         needless to observe that the tribunal is a creature of statute. Its

         jurisdiction and power is confined to appeals made to it and
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         therefore confined to the four corners of the complaint. It has

         neither the power of superintendence nor any inherent power to

         do justice. Its power is limited to resolve the inter se dispute

         between the parties. It is a court of limited jurisdiction in that

         sense. It cannot undertake a roving enquiry into all aspects of

         the matter connected or unconnected with the complaint. The

         Tribunal/Authority on its own, could not enlarge its own

         jurisdiction to become supervisory authority over the issue in

         question and pass judgment thereon [Vide Chandra Bhanu

         Kumar Vs. The State of Bihar & Ors., (2024) 2 PLJR 68].

                     16. Admittedly, it is the petitioner who had

         approached the District Appellate Authority for payment of her

         salary and where the respondent authorities had raised a dispute

         with regard to her initial appointment, based upon an incorrect

         and wrong merit list, where the petitioner’s marks was shown as

         73.07% placing her Rank at 26, where her actual marks were

         59.18% to be placed at Rank 111. However, this fact has been

         completely ignored that in terms with the procedures prescribed

         for conducting counseling, it is only the petitioner, who turned

         up for the same and at no point of time, any objection has been

         made against the selection of the petitioner by any candidate. If

         there was a mistake in the calculation of the merit marks,
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         undisputedly the same was done by the employment unit.

         Moreover, it has never been the case of the employment unit or

         the respondents that there is any misrepresentation and fraud on

         the part of the petitioner. The letter issued by the Education

         Department under the signature of Additional Chief Secretary

         under Memo No. 998 dated 22.09.2021 clearly direct that except

         the case of producing forged certificates, with respect to other

         issues pertaining to selection process, it is the employment

         unit/authority, who are answerable and liable.

                     17. Before taking any action against the petitioner, it

         was incumbent upon the respondent State authorities to take

         action against the then employment unit, but the same has not

         been done. It has rightly been submitted that no-one should be

         punished for the mistake committed by others and allowed to

         take advantage of their own mistake and later on, conveniently

         pass on the blame to the others.

                     18. The State Appellate Authority while exercising the

         power of appeal primarily statutorily obliged to see the illegality

         of the order under appeal and in case, the order suffers from

         illegality then while setting-aside the order, a direction should

         be given to the concerned authority to take appropriate action, in

         terms with the order passed by the appellate authority. However,
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         in the case at hand, the State Appellate Authority accepted its

         jurisdiction       and       subsume         the   power     of     the

         employer/employment unit and passed the order of termination,

         besides recovery of the salary right from the date of joining. It is

         well settled law and the Courts across various decisions have

         ruled that a termination order can only be effective from the date

         it is passed or a future date, as it cannot legally erase the period,

         during which services were actually rendered. An employee

         cannot be deprived of benefits, as salary etc. earned during the

         period of service of retrospectively backdating her termination.

         Reference may be take to a decision rendered by learned

         Division Bench of this Court in Smt. Lalita Kumari Vs. State of

         Bihar & Ors., 1980 SCC OnLine Pat 175.

                                             “Retrospective termination of
                                 service     or    cancellation   of   the
                                 appointment, as the case may be, is
                                 totally unjustifiable and similar is the
                                 position with regard to recovery of the
                                 salary drawn for the period she worked
                                 as a teacher. Conscious of this legal
                                 position, the learned Additional Advocate
                                 General representing the respondents
                                 frankly conceded that this part of the
                                 order could not be supported. The result
                                 is that the cancellation of her
                                 appointment from the date of her
                                 appointment and orders for recovery of
                                 the salary drawn by her during the period
                                 she actually worked as a teacher is held
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                                 to be unsustainable in law and is bound
                                 to be quashed.”

                     19. Reliance of the State Appellate Authority on a

         judgment of Hon’ble Supreme Court in the case of R.

         Vishwanatha Pillai Vs State of Kerela & Ors., (2004) 2 SCC

         105, while directing the District Education Officer to recover

         the salary of the petitioner for the period she rendered her duty

         in the opinion of this Court would be applicable in a case where

         the appointment to said post is vitiated by fraud, forgery or

         crime or illegality and would not be applicable in all the cases,

         as a rule of thumb.

                     20. At the cost of repetition, it would be pertinent to

         observe that it has never been the case of the employment unit

         that the petitioner has produced any certificates or documents,

         which has been found to be forged and fabricated, rather it is the

         employment unit itself, who has committed mistake while

         calculating the marks of the petitioner along with other

         candidates. The respondents have also not come out with a case

         that the petitioner has anyhow caused manipulation and

         miscalculation of the marks in connivance with the member of

         the employment unit, hence the finding of the State Appellate

         Authority that none disclosure of the petitioner regarding
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         miscalculation of marks is a deliberate illegal act and thus,

         connivance of the petitioner is quite obvious.

                     21. This is also not the case of the respondent that if

         the marks of the petitioner is recalculated and rightly shown as

         59.18% then she would have been ousted from the zone of

         consideration; once the record clearly suggest that the petitioner

         was the only candidate, who had appeared in the counseling. It

         would be worth stating that the record placed before this Court

         clearly demonstrates that in counseling, it is only the petitioner,

         who had turned up and despite the proper information and

         notice, none of the candidate chose to appear.

                     22. Now coming to the issue with regard to

         jurisdiction of the State Appellate Authority to decide a lis

         finally in absence of judicial member, the co-ordinate Bench of

         this Court in (2025) 4 PLJR 1 (CWJC No. 12632 of 2025,

         Shobha Kumari Vs. The State of Bihar & Ors.) has held that

         the order passed by the learned State Appellate Authority in the

         absence of judicial Chairperson is without jurisdiction and

         accordingly, set-aside the impugned order passed by the State

         Appellate Authority. It would be also appropriate to take note of

         the relevant paragraph, which reads as follows:

                                             “4. Otherwise also order dated
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                                 21.07.2025 passed by the Chairperson
                                 State Appellate Authority, Bihar, Patna
                                 (Respondent no. 6), in Case No. Appeal
                                 70 of 2024 is not sustainable, as the same
                                 has been passed by the Officer of Indian
                                 Administrative Service. The Tribunal
                                 quorum provided under Rule 4(3) of the
                                 Bihar State School Teachers and
                                 Employees Disputes Redressal Rules,
                                 2015 (hereinafter referred to as the
                                 ‘Rules, 2015’) has not been fulfilled. A
                                 reference in this regard can be taken to
                                 the law laid down by the Apex Court in
                                 the case of State of Gujarat Vs. Utility
                                 Welfare Association reported in (2018) 6
                                 SCC 21, the impugned order dated
                                 19.06.2024 passed by the District
                                 Appellate Authority in Appeal No.94 of
                                 2023 and order dated 21.07.2025 passed
                                 by the Chairperson State Appellate
                                 Authority in Appeal no.70 of 2024 can
                                 only be held to be without jurisdiction
                                 and as such, the same are hereby set-
                                 aside and quashed.”

                     23. On account of all the reasons disclosed and the

         position of the law explained, this Court finds that the impugned

         order passed by the State Appellate Authority suffers from the

         illegality, besides it acceded its jurisdiction while passing the

         order of retrospective termination and recovery of salary.

         Accordingly, this Court has no hesitation to set-aside the order

         dated 24.05.2024 passed in Case No. Appeal/T-284/2023 as also

         the consequential order contained in Memo No. 15 dated
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                      19.07.2024 issued by the Panchayat Secretary-cum-Member

                      Secretary, Employment Unit and remitted the matter to the State

                      Appellate Authority afresh.

                                  24. On account of the impugned orders having been

                      set-aside by this Court, the consequences shall follow and the

                      petitioner is directed to be reinstated and allowed to discharge

                      her duty, till any order is passed by the State Appellate

                      Authority, adverse to her right and entitlement of appointment.

                                  25. Accordingly, the writ petition stands allowed. All

                      the pending application(s), including I.A. No. 01/2024 stands

                      allowed.

                                  26. There shall be no order as to cost.




                                                  (Harish Kumar, J)
shivank/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.02.2026
Transmission Date       NA


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