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Patna High Court

Bihar through the Chief Secretary,versusChitra Devi @ Kumari Chitra Devi

Decided
Disposal
ALLOWED

Holding

The termination order was set aside as the State was denied a reasonable opportunity to file a counter‑affidavit, necessitating remand for fresh consideration.

Summary

The State of Bihar appealed a single judge’s order that set aside the termination of a school teacher, Chitra Devi, and directed corrective action. The writ petition challenged a circular denying reservation benefits to out‑of‑state female and disabled candidates in the CTET and a show‑cause notice alleging the teacher scored less than 60% in CTET. The single judge had quashed the termination on the ground that no regular inquiry was held and the District Education Officer lacked jurisdiction. On appeal, the High Court held that the State was not afforded a reasonable opportunity to file a counter‑affidavit, rendering the termination order void. Consequently, the appellate court set aside the impugned order and remanded the matter for fresh consideration before the single judge, without expressing any view on the merits of the reservation or eligibility issues.

Issues considered

  • Whether the District Education Officer had jurisdiction to terminate the teacher without a regular inquiry.
  • Whether the termination order violated the procedural fairness requirements of Article 311(2) of the Constitution.
  • Whether the denial of reservation benefits to out‑of‑state female and disabled candidates contravenes applicable law.
  • Whether the State was denied the opportunity to file a counter‑affidavit, thereby affecting the validity of the termination order.

Legislation cited

Subjects

  • reservation
  • employment termination
  • procedural fairness
  • Article 311
  • Bihar education service
  • CTET
  • discrimination
  • jurisdiction

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.656 of 2025
                                           In
                    Civil Writ Jurisdiction Case No.3887 of 2025
     ======================================================
1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Chief Secretary, Government of Bihar, Patna.
3.   The Additional Chief Secretary, Department of Education, Government of
     Bihar, Patna.
4.   The Director (Secondary Education), Education Department, Government of
     Bihar, New Secretariat, Vikas Bhawan, Bailey Road, Patna.
5.   The Principal Secretary, General Administration Department, Government
     of Bihar, Patna.
6.   The District Education Officer, East Champaran at Motihari.
7.   The District Programme Officer (Establishment), East Champaran at
     Motihari.

                                                                   ... ... Appellants

                                        Versus

1.   Chitra Devi @ Kumari Chitra Devi D/o Ghanshyam Singh, Resident of
     Village - Rustampur Taqipuara Pooran, Post - Mahua, P.S. - Nehtaur,
     District- Bijnor (U.P.), presently posted as School Teacher (TRE-2), Class -
     6-8 Subject Math and Science in Government Middle School, Bahuari,
     Block - Motihari, District- East Champaran at Motihari.
2.   The Bihar Public Service Commission, Through its Chairman, 15,
     Jawaharlal Nehru Marg, Bailey Road, Patna.
3.   The Chairman, Bihar Public Service Commission, Bihar, Patna.
4.   The Secretary, Bihar Public Service Commission, Bihar Patna.
5.   The Joint Secretary- cum- Examination Controller, Bihar Public Service
     Commission, Bihar, Patna.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Appellant/s    :      Mr. P.K. Shahi, Advocate General
                                   Ms. Surya Nilambari, Advocate
     For the Respondent No.1:      Mr. Lalit Kishore, Sr. Advocate
                                   Mr. Nityanand Mishra, Advocate
                                   Mr. Alok Abhinav, Advocate
                                   Ms. Diksha Kumari, Advocate
     For the Intervenor     :      Mr. Basant Kumar Choudhary, Sr. Advocate
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                                          Mr. Kanishka Shankar
                                          Mr. Shashi Bhushan Kumar, Sr. Advocate
                                          Mr. Shashi Bhushan Singh, Advocate
       ======================================================
       CORAM: HONOURABLE THE CHIEF JUSTICE
               and
               HONOURABLE MR. JUSTICE HARISH KUMAR
       ORAL JUDGMENT
       (Per: HONOURABLE THE CHIEF JUSTICE)

         Date : 31-03-2026

                      Re: Interlocutory Application No. 03 of 2025 in

                      Heard Mr. Basant Kumar Choudhary, learned Senior

         Counsel appearing for the applicant.

                      2. Considering the submission advanced by the learned

         Senior Counsel, we do not find any merit in the application.

         Accordingly, the intervention application stands dismissed.

                      Re: Letters Patent Appeal No. 656 of 2025

                      3. This Letters Patent Appeal has been filed by the

         State challenging the order dated 20.03.2025 passed by the

         learned Single Judge in C.W.J.C. No. 3887 of 2025 for setting

         aside the order of termination of the writ petitioner dated

         07.02.2025 and further directing the Additional Chief Secretary,

         Education Department, Government of Bihar to take corrective

         action in accordance with law.

                      4. The writ petition was filed seeking for the following

         relief(s):

                              “For issuance of an appropriate
                      writ in the nature of certiorari for
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                      quashing and set aside the Letter No.1341
                      dated 15.05.2024 (Annexure P/10) issued
                      under the signature of the Director
                      Secondary Education (Respondent No.4)
                      by which it has instructed to all District
                      Education Officers under the State of
                      Bihar to not provide benefit of reservation
                      to the candidates belonging from other
                      state coming under the category of female
                      and disabled at par with the candidates of
                      said category of the State of Bihar in
                      Central      Teacher's     Eligibility  Test
                      (hereinafter CTET) and also for quashing
                      the Memo No.547 dated 31.01.2025
                      (Annexure P/11) issued under the
                      signature of the Respondent no.11 whereby
                      and whereunder the petitioner has been
                      directed to submit show cause reply to the
                      effect that she has obtained less than 60 %
                      marks in CTET, therefore, her appointment
                      is liable to be canceled, the aforesaid
                      notifications are contrary to conditions
                      laid down in the Advertisement No.27 of
                      2023 dated 04.11.2023(Annexure P/1) by
                      which following the procedure, the
                      petitioner has been appointed as School
                      teacher, moreover, the said notifications
                      are in teeth of a letter issued by the then
                      Director, Primary Education, Govt. of
                      Bihar vide letter no.666 dated 13.07.2021
                      (Annexure P/14) in which female
                      candidates either of the resident of Bihar
                      or other States have been put under same
                      category, more so the show cause is in
                      contravention of law laid down by the
                      Hon'ble Supreme Court by which no
                      discrimination can be made on the ground
                      of place of birth or residence.
                                (ii) For issuance of an
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                      appropriate writ in the nature of
                      mandamus, commanding and directing the
                      respondents concerned to not disturb the
                      petitioner in smooth functioning of the
                      Government School. The petitioner as
                      school teacher working in her appointed
                      school as she has been appointed in
                      pursuant to conditions laid down in
                      Advertisement No.27 of 2023 dated
                      04.11.2023 (Anneuxre P/1) and at point of
                      time she has not concealed any fact during
                      the entire selection process and after due
                      verification by the competent authority she
                      have been appointed as school teacher.
                                 (iii) Further for direction to the
                      respondents concerned not to make any
                      employment/selection/appointment in pace
                      of the selected petitioner as school teacher.
                                 (iv) For any other relief/reliefs
                      for which the petitioner is entitled to in
                      accordance with law."

                      5. It appears from the impugned order that the matter

         was taken up for the first time on 20.03.2025 and on that day,

         the Court considered the Interlocutory Application No. 01 of

         2025, which has been filed by the petitioner for addition of

         some reliefs in paragraph no. 1 of the writ petition and the

         interim application was allowed and it was directed that the

         reliefs as prayed for in paragraph no. 1 of the Interlocutory

         Application be added in paragraph no. 1 of the main petition in

         addition to those already prayed for by the petitioner.

                      Needless to say that the necessity of filing the interim
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         application arose because during the pendency of the writ

         petition, the District Education Officer, East Champaran,

         Motihari, vide Memo No. 661 dated 07.02.2025, terminated the

         services of eight school teachers including the petitioner in

         accordance with the provision of Bihar Government Servants

         (Classification, Control and Appeal) Rules, 2005 and therefore,

         the said termination order was prayed for to be challenged by

         way of amendment to the prayer portion. However, it seems that

         on the very day, the matter was also taken up for final disposal

         and the impugned order was passed. The learned Single Judge,

         after noting down the contention of the respective parties and

         taking note of some decisions of the Hon'ble Supreme Court,

         came to hold that without holding a regular inquiry, the

         termination order could not have been passed without giving an

         opportunity of being heard and further the action has been taken

         by the District Education Officer who has no jurisdiction and

         therefore, the action taken by the authority is void.

                      6. The learned Advocate General submitted that when

         the matter was listed for consideration of the interim application

         in which a prayer was made for amendment of the prayer

         portion and it was allowed, without giving a reasonable

         opportunity to the State to file the counter affidavit, the matter
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         could not have taken up on merit and disposed of on the first

         day itself by passing the impugned order. It is further submitted

         that the grounds on which the impugned order of termination

         was set aside is not sustainable in the eyes of law and had the

         opportunity of filing the counter affidavit been afforded, the

         State could have been in a position to substantiate how such

         termination order is justified in the eyes of law. Referring to the

         Bihar      State      School      Teachers   (Appointment,   Transfer,

         Disciplinary Proceedings and Services Conditions) Rules, 2023

         which defines ‘Appointing Authority’ under Section 2 (xiv), the

         learned Advocate General contended that the District Education

         Officer is the competent authority to pass the order.

                      7. Learned Senior Advocate for the respondent on the

         other hand submitted that the order was not only passed by the

         District Education Officer only but jointly with the District

         Programme Officer and therefore, the learned Single Judge has

         rightly held it to be without jurisdiction.

                      So far as the second ground on which the relief has

         been granted to the writ petitioner, as per the submission of the

         learned Advocate General, there was no necessity of conducting

         any regular inquiry and affording opportunity of hearing and

         thereby fulfilling the requirement of Article 311(2) of the
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         Constitution of India. It is further argued that horizontal

         reservation provided under resolution as contained in Memo No.

         963 dated 20.01.2016 was meant only for such women who

         were permanent residents of State of Bihar.

                      8. Be that as it may, we find that in view of the

         averments taken in the writ petition, the submission that has

         been advanced by the learned Counsel for the petitioner, the

         learned Single Judge should have given an opportunity to the

         State to file the counter affidavit and the same having not been

         done, the State has been deprived of the opportunity to justify

         the termination order. We are of the humble view that since

         State of Bihar was not afforded reasonable opportunity to file its

         counter affidavit, in such a situation, on the first date itself, the

         matter should not have been disposed of on merit. It is not a

         case where the State has declined or failed to file counter

         affidavit in spite of reasonable opportunity given. Accordingly,

         in the fitness of things, we are of the view that the matter should

         be remanded back for fresh consideration on merit in

         accordance with law before the learned Single Judge having

         roster of the matter giving due opportunity to the State to file

         counter affidavit.

                        9. It is made clear that we have not expressed any
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                      opinion on the merits of the case and we are setting aside the

                      impugned order only on the ground that the opportunity of filing

                      the counter affidavit has not been provided to the learned

                      counsel for the State.

                                   10. Accordingly, the impugned order is set aside. The

                      Letters Patent Appeal is allowed.

                                   11. The parties are at liberty to raise all the points

                      before the learned Single Judge having roster.

                                   12. Interlocutory Application(s), if any, stands

                      disposed of.




                                            (Sangam Kumar Sahoo, CJ)


                                                    (Harish Kumar, J)
shailendra/-
AFR/NAFR
CAV DATE
Uploading Date          02.04.2026
Transmission Date


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