Ram Bhagat Mahto v. The Bihar School Examination Board
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2615 of 2026 ====================================================== 1.
Ram Bhagat Mahto S/o Jagdish Mahto, resident of Bhagwanpur, Ward No.9, Sanjat, District- Begusarai, retired as Incharge Principal, Satyanarayan Prasad College, Sanjat, Begusarai.
2.
Madan Mohan Jha S/o Late Ram Karan Jha, resident of- Sanjat, Ward No.9, District- Begusarai retired as Head Clerk, Satyanarayan Prasad College, Sanjat, Begusarai.
... ... Petitioner/s
Versus
1.
The Bihar School Examination Board Patna through its Secretary. 2.
The Secretary, Bihar School Examination Board, Patna. 3.
The Academic Director, Bihar School Examination Board, Patna. 4.
The President of Governing Body, Satyanarayan Prasad College, Sanjat, Begusarai 5.
The Secretary of Governing Body, Satyanarayan Prasad College, Sanjat, Begusarai 6.
The Incharge Principal, Satyanarayan Prasad College, Sanjat, Begusarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Singh, Adv For the Respondent/s :
Mr. P.K.Shahi, AG ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 18-02-2026 Heard learned counsel for the petitioners and learned counsel for the respondent nos. 1, 2 and 3.
2. With the consent of both the parties, this writ application is being disposed of at this stage itself.
3. In the present writ application, the petitioners have prayed for the grant of following reliefs:
(i) For issuance of an appropriate writ in the nature of MANDAMUS, Commanding and directing the Respondents
2/4 to make payment out of grant released by the State Govt. to the petitioners for the Session 2016-18 in view of law laid down by the hon'ble Supreme Court in case of Man Singh V/s the State of U.P. (2022 live law SC 341) as the petitioners have discharged duty during said session even then the payment of said period is not being made taking the shelter of Communique No.58/18 dated 15.03.2018 issued by Bihar School Examination Board Patna (hererinafter called 'Board') by which date of retirement has fixed 60 years, though prior to said communique the petitioners have discharged duty upto age of 62 years.
(ii) For issuance of any other appropriate writ/writs ,order/ orders, direction/directions for which the writ petitioners would be found entitled under the facts and circumstances of the case.
4. After advancing some argument, learned counsel for the petitioners submits that for seeking the aforesaid relief, the petitioners are prepared to file a fresh representation before the Academic Director, Bihar School Examination Board, Patna (respondent no. 3) for consideration of their case. Learned counsel for the petitioners further prays that if such a
3/4 representation is filed, an appropriate direction be issued to the Academic Director, Bihar School Examination Board, Patna (respondent no. 3) to dispose of the representation filed by the petitioners within a fixed time frame, after giving an opportunity of hearing to the petitioners.
5. To the aforesaid prayer being made by learned counsel for the petitioners, learned counsel appearing for respondent nos. 1, 2 and 3 does not have any objection.
6. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to file a fresh representation before the Academic Director, Bihar School Examination Board, Patna (respondent no. 3) within one month from today and if such a representation is filed within the stipulated time then the Academic Director, Bihar School Examination Board, Patna (respondent no. 3) is directed to dispose of the same within a period of three months from the date of filing of the representation, after giving an opportunity of hearing to the petitioners. Needless to emphasize that the final order which shall be passed by the Academic Director, Bihar School Examination Board, Patna (respondent no. 3) should be a reasoned and speaking order. It is made clear that in
4/4 case, the petitioners are found entitled to the relief as they would be claiming through the representation, the same should be extended to the petitioners within a further period of two months from the date of passing of the final order.
7. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J) kiran/- U