Mohsin Roman @ Mohishin Roman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3028 of 2025 ====================================================== Mohsin Roman @ Mohishin Roman S/o Dindar Hussain Resident of VillageTamkuhi, Ward No-07, P.S.- Chautarwa, Dist- West Champaran ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Education, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Bihar, Patna. 4.

The Collector-Cum-District Magistrate, West Champaran at Bettiah. 5.

The District Education Officer, Bettiah, West Champaran. 6.

The District Programmer Officer (Establishment), Bettiah, West Champaran. 7.

The Block Education Officer, Ramnagar Block, Ramnagar, District-West Champaran.

8.

The Head Master, Govt. Middle School, Gobarahiya Don, Ramnagar, District- West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 23-09-2025 Heard the parties.

2. The petitioner is presently posted as Assistant Teacher (Maitric Untrained) at Government Middle School, Gobarahiya Dom under Ramnagar Block of West Champaran district seeking a direction upon the concerned respondents to consider his request for voluntary retirement with immediate effect as he has completed 25 years of service and is entitled to get voluntary retirement under the provision of Rule 74 of the Bihar Service Code.

Patna High Court CWJC No.3028 of 2025 dt.23-09-2025 2/3

3. Learned Advocate for the State submitted that all the untrained teachers were required to undergo training and appear in the exam held by the Bihar School Examination Board till 31.03.2019 and those who could not qualify the training examination, steps would be taken for removal from their services at the level of the Employment Unit.

4. Learned Advocate for the petitioner has submitted that the issue has come up for consideration in LPA No. 748 of 2022 and other analogous cases and the learned Division Bench inter alia held that those teachers, who were in place on 01.04.2010 and then on 31.03.2015 if not acquired training before 08.08.2021, will stand terminated.

5. The aforesaid order of the learned Division Bench was put to question in Special Leave to Appeal (C) No(s). 10872-10898/ 2024 wherein the Apex Court until further orders directed the parties to maintain status quo, as of today.

6. In the aforesaid premise, learned Advocate for the petitioner thus submitted that now there is no impediment at least to consider the representation of the petitioner, which is pending consideration before the respondent no. 6, copy of which is marked as Anneuxre-P/3.

7. Having considered the limited grievance, without

Patna High Court CWJC No.3028 of 2025 dt.23-09-2025 3/3 going into the merits of the case, the present writ petition stands disposed of with a direction to the respondent no. 6 to consider the representation of the petitioner and bring it to its logical conclusion, preferably within a period of eight weeks from the date of receipt/production of a copy of this order. (Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 24 .09.2025 Transmission Date