The Patna High Court dismissed a writ petition challenging the constitutionality of the Bihar Elementary School Headmaster/Teacher Rules, 2024. The court held that the rules did not violate the RTE Act, 2009, and the separate category for Head-Teachers was a valid classification to enhance educational standards.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6683 of 2024
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Parivartankari Prarambhik Sikshak Sangh Bihar Regd. Office at Raksha (South), Via Kanti, P.S. Karja District- Muzaffarpur represented through its State President Banshi Dhar Brajwasi S/o Nandkishore Sahani R/o- Village Raksha (South), P.S.- Karja District Muzaffarpur.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Manoj, Advocate For the State : Mr. P.K. Shahi, AG Mr. Vikash Kumar, AC to AG For the BPSC : Mr. Zaki Haider, Advocate ======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and
HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 13-02-2025
The petitioner namely Parivartankari Prarambhik
Patna High Court CWJC No.6683 of 2024 dt.13-02-2025 2/6
Sikshak Sangh has approached this Court for declaration of Rule 3(2) and 3(3) of the Bihar Elementary School Headmaster/Teacher Rules, 2024 (for short ‘the Rules of 2024’) to be arbitrary and unconstitutional, as it does not follow the mandate of the Right of Children to Free and Compulsory Education Act, 2009 (for short the ‘RTE Act, 2009’), as also for quashing the follow up Advertisement No. 25 of 2024 published by the Bihar Public Service Commission (respondent no.5) for holding examination for Headmaster/Teacher for their appointment.
Patna High Court CWJC No.6683 of 2024 dt.13-02-2025 3/6
and the Headmaster who would man a Higher Secondary
School.
Patna High Court CWJC No.6683 of 2024 dt.13-02-2025 4/6
not be required to appear in this examination and they would continue to become Head-Teachers through promotion, subject to eligibility and availability of vacancies. Sub-Clause 3 of Rule 3 further provides that any teacher as defined under Rule 2(ix) can appear in the examination conducted by the Commission, provided he has minimum of eight years of teaching experience in Government Elementary School and is 58 years or less on
1st of August in the year of recruitment.
Patna High Court CWJC No.6683 of 2024 dt.13-02-2025 5/6
Rules. The Rules of 2024, therefore, provide an opportunity to the teachers to participate in the selection
process conducted for the Head-Teachers, for which no fault could be found in the Rules.
to enhance the standards of education in the State of Bihar and the promulgation of the Rules of 2024 is a step in that direction.
primarily because the members of the
petitioner/Organisation would now be required to appear in the examination and nothing more.
petitioner for holding the Rules of 2024 to be ultra vires
Patna High Court CWJC No.6683 of 2024 dt.13-02-2025 6/6
or against the RTE Act, 2009.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
avinash/sunil
AFR/NAFR CAV DATE N/A Uploading Date 18.02.2025 Transmission Date
3 issues framed by the court
Whether Rules 3(2) and 3(3) of the Bihar Elementary School Headmaster/Teacher Rules, 2024 are arbitrary or unconstitutional as they contravene the mandate of the Right of Children to Free and Compulso
Whether the creation of separate categories for Head-Teachers of Elementary Schools and Headmasters of Higher Secondary Schools constitutes valid classification?
Whether the requirement for certain teachers to appear in an examination violates their rights or is a valid move to enhance educational standards?
Parivartankari Prarambhik Sikshak Sangh Bihar Regd.
The State of Bihar through the Additional Chief Secretary, Education Department
The Director, Primary Education, Education Department, Govt. of Bihar
The Director, Secondary Education, Education Department, Govt. of Bihar
The Secretary, Bihar Public Service Commission
ASHUTOSH KUMAR
PARTHA SARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
