Dismissed teachers sought reinstatement claiming coerced resignations. The intra-court appeal found no plea of coercion in the original writ petition; it surfaced late via supplementary affidavit. Resignations were held voluntary and accepted, so no reinstatement right exists.
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 Letters Patent Appeal No.422 of 2024
In
Civil Writ Jurisdiction Case No.13156 of 2015
======================================================
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Vijay Kishore Bharti, Advocate For the Respondent/s : Mr. Additional Advocate General 13 ======================================================
Patna High Court L.P.A No.422 of 2024 dt.05-02-2026 2/8
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
Date : 05-02-2026
Heard learned counsels for the parties.
Re: I.A. No. 01 of 2024
Re: L.P.A No.422 of 2024
"That this writ application is being filed for issuance of appropriate writ/s, order/s or direction/s commanding upon the respondents to reinstate the petitioners on the post of Assistant Teachers(Physical) in
Patna High Court L.P.A No.422 of 2024 dt.05-02-2026 3/8
Kurshakanta Block."
that pursuant to an advertisement published in the Hindi daily newspaper “Hindustan” in the year 2008, the appellants applied for appointment on the post of Assistant Teachers (Physical). A merit-list was prepared by the competent authority and the appellants were selected and appointed. Accordingly, they joined their respective posts on 12.08.2010. The joining letters have been brought on record as Annexure-3 series to the writ application. Upon joining, the appellants were directed to produce their educational certificates, and thereafter, the appellants discharged their duties. The appellants were also deputed for training conducted by the Prakhand Sansadhan Kendra, Araria. After about five years, the Education Department, Government of Bihar initiated an inquiry pursuant to directions of the Hon’ble High Court regarding the genuineness of educational certificates and directed the concerned teachers to resign voluntarily and immediately, failing which recovery of the entire salary would be made. Pursuant to this the appellants submitted their resignation to the Block Development Officer-cum-Secretary, Teachers Employment Committee, Kursakanta.
Patna High Court L.P.A No.422 of 2024 dt.05-02-2026 4/8
Patna High Court L.P.A No.422 of 2024 dt.05-02-2026 5/8
Judge cannot be a ground for interference.
of the pleadings and materials available on record, has observed
as under:
8. It was consequent thereto that the petitioners herein submitted their resignations and which was accepted.
9. So far as the contention of the petitioners that the resignations were submitted under threat and coercion by the Block Education Officer, Kursakanta, of lodging FIRs against the petitioners is concerned and that the petitioners on the very date of their submitting the resignations had also filed a letter dated 9.7.2015 (Annexure12) for withdrawal of the same, it is observed that so far as the writ application is concerned, there is no statement in the same that the resignations were submitted under threat and coercion by any authority. It was more than three years of filing the writ application that by filing a second supplementary affidavit on behalf of the petitioners on 13.12.2018 that this stand has been taken by the petitioners for the first time and a letter of withdrawal which was purportedly received by the authority on 9.7.2015 has been brought on record. The said receipt which is an illegible initial of a signature does not inspire confidence of the Court.
10. It would also be relevant to take note of the fact that much prior to filing of the supplementary affidavit, as pointed out by learned counsel for the respondents, that the petitioners filed a representation on 25.10.2016 (Annexure-9) praying for withdrawal of their resignation and there was no statement with respect to threat or coercion by any of the authority even therein. It was clearly stated that it was consequent to the order of the High Court that the resignation letters were submitted in hurry.
11. In view of the facts and circumstances stated herein above, the Court comes to the conclusion
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that the petitioners had voluntarily and consciously submitted their resignation and the same having been accepted, there is no error in the same. The Court finds no merit in the writ application and the same is dismissed.”
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advanced on behalf of the appellants revolves around the allegation that their resignations were obtained under threat and coercion and that they had sought withdrawal of the same. However, upon independent scrutiny of the record, we find that the learned Single Judge has correctly noted that no such plea of threat or coercion was taken in the original writ application. The said allegation was raised for the first time after a considerable lapse of time by way of a supplementary affidavit, which substantially weakens the credibility of the claim.
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documents and surrounding circumstances.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Suruchi/Rajesh/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 10.02.2026 |
| Transmission Date | NA |
2 issues framed by the court
Whether the appellants' resignations from the post of Assistant Teachers (Physical) were tendered voluntarily or under coercion.
Whether the Single Judge's dismissal of the reinstatement claim suffered from illegality or perversity warranting interference in intra-court appeal.
Raj Kishor Mandal
Kanhaiya
Vikash Kumar Sukla
Kumari Ranjana
Raj Kumar Sah
Diwakar Kumar Sah
Sudhir Singh
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
