Awasiya Vidyalaya (Kalyan Vibhag) Shikshak Sangh, Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Awasiya Vidyalaya (Kalyan Vibhag) Shikshak Sangh, Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether Clause 5 of the amended Rules of 2023 - vesting administrative control of the entire cadre in the Scheduled Caste and Scheduled Tribes Welfare Department and operational control in the District Welfare Officers - is questionable on the ground that such controlling officers would be junior in rank and drawing lesser salary than the Headmasters/Principals whose cadre they control.

Court's answer

Administrative and operational controls over a cadre are matters of administrative convenience; the inter se seniority (rank and salary) of the controlling officers does not make the Clause 5 provision in the amended rule questionable on any account.

Ratio / Principle

With the petitioner's grievances redressed by the amended 2023 Rules, the one remaining flagged objection being without any logic, there is nothing left for the petitioner to contest.

Detailed headnote1 paragraphs

Writ petition by an association of teachers of Ambedkar residential schools in Bihar (through Chairman Sri Mithilesh Prasad Singh) against the State of Bihar and its senior functionaries. Counsel conceded that the Bihar Government Ambedkar Residential School Teacher (Appointment, Promotion, Disciplinary Action and Service Condition) Rules of 2023 had redressed most grievances; the sole surviving objection targeted Clause 5 of the amended Rules of 2023, which designates the Scheduled Caste and Scheduled Tribes Welfare Department as the Administrative Department exercising administrative control over all cadre posts, with operational control vested in District Welfare Officers. Counsel contended the arrangement was anomalous because the controlling officers would be junior in rank and drawing lesser salary than the Headmasters/Principals controlled, akin to a Disciplinary Authority who must be of superior rank. The Court (judgment authored by the Acting Chief Justice, Ashutosh Kumar, ACJ) held that administrative and operational controls are mere matters of administrative convenience and the inter se seniority of cadre officers cannot render the clause questionable; it branded the flagged objection as without any logic and, finding nothing left to contest, consigned and disposed of the petition on 12-02-2025. NAFR.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3367 of 2021

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Awasiya Vidyalaya (Kalyan Vibhag) Shikshak Sangh, Bihar, Patna through the Chairman, Sri Mithilesh Prasad Singh, Son of- Late Sitaram Singh, resident of Rambabu, Gur Kee Mandi, Gayghat, Police Station- Alamganj, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

The Chief Secretary, Government of Bihar, Patna.

The Principal Secretary, Finance, Government of Bihar, Patna.

The Principal Secretary, Schedule Caste/Schedule Tribe Welfare Department, Government of Bihar, Patna.

The Principal Secretary, General Administration, Government of Bihar, Patna.

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Ms. Mahasweta Chatterjee, Advocate For the Respondent/s : Mr. P.K. Shahi, AG Mr. Priyadarshi Matri Sharan, AC to AAG-15

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

CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 12-02-2025

Ms. Mahasweta Chattarjee, the learned

Advocate for the petitioner submits that with the promulgation of the Bihar Government Ambedkar Residential School Teacher (Appointment, Promotion, Disciplinary Action and Service Condition) Rules of 2023,

most of the grievances of the petitioner have been

redressed.

Patna High Court CWJC No.3367 of 2021 dt.12-02-2025 2/3

The only remaining objection is to the Clause

5 of the amended Rules of 2023, which provides that the

Administrative Department of all categories of posts under the cadre shall be the Scheduled Caste and Scheduled Tribes Welfare Department, Government of Bihar, which will exercise administrative control over all cadre members; and the District Welfare Officers will have operational control over cadre members.

Commenting upon the aforenoted clause in

the amended Rule of 2023, it is submitted that the Headmaster and the District Welfare Officer, both, are of the same level, drawing the same pay-scale and the salary of the Principal is higher than the District Welfare Officer.

In such case, it would look anomalous to give

the control over the cadre to such officers who would be junior in rank and would be drawing lesser salary.

The administrative and operational control

ought not to be taken akin to the position of a Disciplinary

Patna High Court CWJC No.3367 of 2021 dt.12-02-2025 3/3

Authority, who has perforce to be an officer of the superior rank.

The administrative and operational controls

are matters of administrative convenience and the inter se seniority of the officers of the cadre would not make such clause in the amended rule questionable on any account.

With the redressal of the grievances of the

petitioner with the amended rule, except for the one which has been flagged in the preceding paragraph and which is without any logic, there is nothing left for the petitioner to contest.

As such, the petition is consigned and

disposed off.

(Ashutosh Kumar, ACJ)

(Partha Sarthy, J)

Anushka/Rajesh

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	14.02.2025
Transmission Date