Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2641 of 2026 ====================================================== Sanjay Kumar S/o- Bishwanath Singh, resident of village- Geyanpura, P.S.- Jagdishpur, District- Bhojpur.

... ... Petitioner

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Director, Primary Education, Bihar, Patna. 3.

The District Education Officer, Bhojpur, Ara. 4.

The District Programme Officer (Establishment), Bhojpur, Ara. 5.

The Block Education Officer, Jagdishpur, Bhojpur. 6.

The Block Panchayati Raj Officer- cum-Secretary, Block Teacher Employment Committee, Jagdishpur, Bhojpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeeta Kumari, Advocate For the Respondent/s :

Mr. Government Pleader (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 19-02-2026 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. The petitioner in the present writ application has prayed for the grant of following reliefs:- i.) Issuance of a direction, order or writ including writ in the nature of "MANDAMUS" to reinstate the petitioner on the post of Block Teacher in Utkramit Middle School, Mathurapur under Kaura Gram Panchayat, Block- Jagdishpur, District- Bhojpur with all consequential benefits; ii.) Issuance of a direction, order or writ including writ in the nature of "MANDAMUS" to pay the arrears of salary to the petitioner;

iii.) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the

Patna High Court CWJC No.2641 of 2026(2) dt.19-02-2026 2/3 present case.

3. In paragraph-6 of the writ application, following statement has been made by the petitioner:- "That it is respectfully stated and submitted here that, all of sudden petitioner was terminated from the post of Teacher in the year, 2023 after seventeen years of becoming the Panchayat Teacher on the ground of filing of an F.I.R. bearing Jagdishpur P.S.

Case No. 464 dated 06/11/2023 by the vigilance on allegation that the matriculation certificate of the petitioner is forged."

4. Learned counsel appearing for the RespondentState submits that the present writ application filed by the petitioner is totally misconceived for the reason that without challenging the termination order, the petitioner is seeking relief of reinstatement which cannot be done.

5. Learned counsel appearing for Respondent-State also raises a preliminary objection regarding maintainability of the present writ application stating that the petitioner has a statutory alternative remedy of approaching the District Teachers Appellate Authority, Bhojpur at Ara and without availing the alternative remedy, the petitioner has directly filed a

Patna High Court CWJC No.2641 of 2026(2) dt.19-02-2026 3/3 writ application which ought not to be entertained.

6. Learned counsel appearing for the petitioner submits that he may be permitted to withdraw the writ application with liberty to approach the District Teachers Appellate Authority, Bhojpur at Ara for redressal of his grievance.

7. To this submission made by learned counsel for the petitioner, learned counsel appearing for the Respondent-State does not have any objection.

8. In view of the submission made by the learned counsel for the petitioner, this writ application is dismissed as withdrawn granting liberty to the petitioner to approach the District Teachers Appellate Authority, Bhojpur at Ara for redressal of his grievance.

9. The writ application is accordingly dismissed as withdrawn with liberty as aforesaid.

(Alok Kumar Sinha, J) Gaurav Sinha/- U