Disposed¶26

Amit Kumar v. The State of Bihar

Patna HC24 Jun 2025CWJC/9804/2025

Case brief

AI extract

What is this about?

Block Teacher termination; false S.C. (Scheduled Caste) certificate; ex-parte order; District Public Grievance Redressal Officer; Misc. Case No. 430110124062406491; Block Teacher Employment Unit, Itarhi, Buxar; alternative remedy; District Teachers Appellate Authority; condonation of delay; writ disposed with liberty to appeal; six-month decision timeline; Bihar Education Department; Patna High Court CWJC.

What did the court decide?

Liberty to the petitioner to file appeal before the District Teachers Appellate Authority, Buxar within one month along with a condonation of delay petition; the Authority is expected to consider the appeal on its own merit and decide it expeditiously, preferably within six months. ¶26

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition challenging termination from the post of 'Block Teacher' (on the ground of a false S.C. certificate) should be entertained directly, or the petitioner should be relegated to the remedy of appeal before the District Teachers Appellate Authority, Buxar.

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Court's answer

The writ application is disposed of with liberty to the petitioner to file an appeal before the District Teachers Appellate Authority, Buxar.

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Ratio / Principle

Such appeal is to be filed within a period of one month from the date of the order, along with a condonation of delay petition.

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Key takeaways

The District Teachers Appellate Authority, Buxar is expected to consider the appeal on its own merit and decide the matter expeditiously, preferably within a period of six months thereafter.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J.), Civil Writ Jurisdiction Case No.9804 of 2025, order dated 24-06-2025: Petitioner, terminated from the post of 'Block Teacher' by order dated 19.08.2024 of the Block Development Officer-cum-Member Secretary, Block Teacher Employment Unit, Itarhi, District-Buxar — passed on the basis of an ex-parte order of the District Public Grievance Redressal Officer in Misc. Case No. 430110124062406491, on the ground that employment was obtained on a false S.C. certificate — approached the High Court directly. On the State's submission that a District Teachers Appellate Authority has been constituted under the Rules and is functional, the writ application was disposed of with liberty to file an appeal before the District Teachers Appellate Authority, Buxar within one month along with a condonation of delay petition, the Authority being expected to consider the appeal on its own merit and decide it expeditiously, preferably within six months.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9804 of 2025

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Amit Kumar S/o Chandrakesh Ram, R/o Village- Jagjivan Nagar, Jaso, Ward No.-12, P.O.- Buxar, P.S.- Buxar Muffassil, District- Buxar, Bihar.

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... ... Petitioner/s

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Versus

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

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

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

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The District Magistrate, Buxar, District- Buxar.

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The District Public Grievance Redressal Officer, Buxar, District- Buxar.

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The District Education Officer, Buxar, District- Buxar.

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The District Programme Officer, Establishment (Education), Buxar, DistrictBuxar.

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The Block Teacher Employment Unit, Itarhi, Block- Itarhi, District- Buxar, through its Member Secretary- cum-Block Development Officer, Itarhi, District- Buxar.

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The Block Pramukh-cum-The Chairman Block Teacher Employment Unit, Itarhi, Block- Itarhi, District- Buxar.

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The Member Secretary, Block Teacher Employment Unit, Itarhi-cum-the Block Development Officer, Itarhi, Block- Itarhi, District- Buxar.

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The Circle Officer, Itarhi, Block- Itarhi, District- Buxar.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate For the Respondent/s : Mr. Md. Irshad, AC to SC - 01 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 24-06-2025 1. The petitioner has approached this court against the order

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dated 19.08.2024 passed by Block Development Officer-cumMember Secretary, Block Teacher Employment Unit, Itarhi, Block- Itarhi, District – Buxar whereby he has been terminated from the post of ‘Block Teacher’ on the basis of ex-parte order passed by District Public Grievance Redressal Officer in Misc.

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Patna High Court CWJC No.9804 of 2025(2) dt.24-06-2025 2/2

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Case No. 430110124062406491.

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The termination of the petitioner’s services as ‘Block Teacher’ has been done on the ground that petitioner got employment on the post of ‘Block Teacher’ on the basis of false S.C. certificate.

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Learned counsel for the State submits that District Teachers Appellate Authority has been constituted under the Rules for hearing the grievances of the teachers and the same is functional. The petitioner has directly approached this Court without availing remedy before the District Teachers Appellate Authority.

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Considering the aforesaid submissions, this writ application is disposed with liberty to the petitioner to file appeal before the District Teachers Appellate Authority, Buxar. If such appeal is filed within a period of one month from today along with condonation of delay petition, it is expected that the District Teachers Appellate Authority, Buxar shall consider the same on its own merit and shall decide the matter expeditiously preferably within a period of six months thereafter.

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praful/- U

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(Anil Kumar Sinha, J)

Amit Kumar v. The State of Bihar

Case brief

What is this about?

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Amit Kumar v. The State of Bihar

Case brief

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