Arun Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Arun Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the District Teachers Promotion Committee to call for the petitioners' service particulars from the District Programme Officer (Establishment), Nawadah and the jurisdictional Block Education Officer, take a final decision in light of the Full Bench judgment dated 22.08.2019 in CWJC No.11255 of 2016 (Ramashankar Patel & Ors. Vs. The State of Bihar & Ors.) and analogous case, and dispose of the individual representations expeditiously within six weeks from production of a copy of the order, in accordance with law.

Issue for consideration

Whether the District Teachers Promotion Committee (headed by the District Education Officer-cum-Chairman, Nawadah) should consider the petitioners' detailed individual representations, supported by their service particulars, in light of the Full Bench judgment dated 22.08.2019 in CWJC No.11255 of 2016 (Ramashankar Patel & Ors. Vs. The State of Bihar & Ors.) and analogous case.

Court's answer

The District Teachers Promotion Committee is required to call for the service particulars relating to the petitioners from the District Programme Officer (Establishment), Nawadah and the Block Education Officer having jurisdiction over Upgraded Middle School, Dhanawan, Block – Roh, Nawadah.

Ratio / Principle

The Committee is to take a final decision on the representations in light of the Full Bench judgment dated 22.08.2019 passed in CWJC No.11255 of 2016 (Ramashankar Patel & Ors. Vs. The State of Bihar & Ors.) and analogous case.

Key takeaways

The Committee is to dispose of the individual representations filed on behalf of the petitioners expeditiously, well within six weeks from the date of production of a copy of this order, in accordance with law.ratio¶25

Detailed headnote1 paragraphs

Purnendu Singh, J. (oral order, 17-02-2025): Two teachers posted in Upgraded Middle Schools in Nawadah district sought to file detailed individual representations before the District Teachers Promotion Committee, headed by the District Education Officer-cum-Chairman, in light of the Full Bench judgment dated 22.08.2019 passed in CWJC No.11255 of 2016 (Ramashankar Patel & Ors. Vs. The State of Bihar & Ors.) and analogous case. The Court directed the Committee to call for the service particulars of the petitioners from the District Programme Officer (Establishment), Nawadah and the Block Education Officer having jurisdiction over Upgraded Middle School, Dhanawan, Block – Roh, Nawadah, take a final decision in light of the Full Bench judgment, and dispose of the individual representations expeditiously, well within six weeks from the date of production of a copy of the order, in accordance with law. Writ petition disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2597 of 2025

======================================================

Arun Kumar, Son of Late Bhola Prasad, Resident of Village - Atari, Police Station - Pakribarawan, District- Nawadah. At present posted in Upgraded Middle School Santhi, Block - Roh, District- Nawadah.

Sunil Kumar, Son of Late Ram Dular Singh, Resident of Village - Dahanwan, Police Station - Roh, District- Nawadh, Presently posted in Upgraded Middle School, Dhanawan, Block - Roh, District- Nawadah.

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Education Dept., Government of Bihar, Patna.

The Additional Chief Secretary-cum-Principal Secretary, Education Department, Government of Bihar, Patna.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

The District Magistrate, Nawadah.

The Regional Deputy Director of Education, Magadh Division, Gaya.

The District Education Officer, Nawadah.

The District Education Officer-cum-the Chairman of District Teachers Promotion Committee, Nawadah.

The District Programme Officer (Establishment), Nawadah.

The District Programme Officer (Establishment)-cum-the Member Secretary of District Teachers Promotion Committee, Nawadah.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Prabhu Narayan Sharma, AC to AG ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 17-02-2025

Heard Mr. Arun Kumar, learned counsel appearing

on behalf of the petitioners and Mr. Prabhu Narayan Sharma, learned AC to AG for the State.

Learned counsel appearing on behalf of the petitioners seeks to file detailed individual representation before the District Teachers Promotion Committee, headed by the

Patna High Court CWJC No.2597 of 2025(2) dt.17-02-2025 2/2

District Education Officer -cum- the Chairman of the District Teachers Promotion Committee in light of the Full Bench judgment dated 22.08.2019 passed in CWJC No.11255 of 2016 (Ramashankar Patel & Ors. Vs. The State of Bihar & Ors.) and analogous case.

Considering the aforesaid submission, the District Teachers Promotion Committee is required to call for the service particulars relating to the petitioners from the District Programme Officer (Establishment), Nawadah and the Block Education Officer having jurisdiction in respect of Upgraded Middle School, Dhanawan, Block – Roh, Nawadah and take a final decision in light of the Full Bench judgment dated 22.08.2019 passed in CWJC No.11255 of 2016 (Ramashankar Patel & Ors. Vs. The State of Bihar & Ors.) and analogous case and dispose of the individual representations filed on behalf of the petitioners, expeditiously, well within a period of six weeks from the date of production of a copy of this order, in accordance with law.

Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J.)

Ashishsingh/- U