Md. Zeyauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5434 of 2026 ====================================================== Md. Zeyauddin s/o Md. Reyazuddin, Resident of Village- Jahurabad, P.S.- Krishnagarh, District- Bhojpur- 802313.

... ... Petitioner/s

Versus

1.

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

2.

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

The Deputy Director, Primary Education, Government of Bihar, Patna. 4.

The District Education Officer, Buxar.

5.

The Block Development Officer, Block- Buxar, District- Buxar. 6.

The Block Panchayati Raj Officer cum Executive Officer, Block- Buxar, District- Buxar.

7.

The Block Education Officer, Block- Buxar, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Respondent/s :

Mr. Narendra Kumar Singh, AC to GP (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 18-04-2026 Learned counsel for the petitioner and learned counsel for the respondents are present.

2. The instant writ application has been filed for the following reliefs:- (i) For directing the respondent authorities to comply the order dated 19.11.2025 passed in Appeal Case No.01/21.03.2023 passed by the Presiding Officer (Judicial) Teachers Appellate Tribunal, Buxar as contained in Annexure-P-3 of this writ application whereby and whereunder he was pleased to allow the Appeal filed by him for appointment on the post of Urdu Teacher (Graduate) in the light of Advertisement No.864 dated 05.07.2019.

2/4 (ii) For directing the District Education Officer i.e. respondent no.4 to immediately comply the direction as contained in letter no.97 dated 08.01.2026 as contained in Annexure-P/4 of the writ application.

(iii) For any other relief for which this petitioner is found entitled in the facts and circumstances of the case.

2. Learned counsel for the petitioners, referring to the order passed by the District Appellate Authority, Buxar submits that the grievances of the petitioner has already been adjudicated and appropriate directions with regard to his appointment has been issued vide Letter No.89 dated 03.12.2025. In light of the order dated 19.11.2025 as contained in Annexure-P/3, the respondent no.3 directed the respondent no.4 vide letter no.97 dated 08.01.2026 to immediately comply the order dated 19.11.2025 as contained in Annexure-P3, in favour of the petitioner but till today no action has been taken. It is the case of the petitioner that no appeal has been preferred by the State authorities or by any person aggrieved by the order passed by the District Appellate Authority. It is further submitted that the Additional Chief Secretary has also issued directions clarifying that if any authority is aggrieved by the order passed by the Appellate Authority, the appropriate statutory remedy of appeal must be availed. In the absence of

3/4 any such appeal, the order is required to be complied with, failing which the concerned officials would face departmental proceedings for misconduct on account of non-compliance of the statutory order of the Appellate Authority, the reference of such order may be made from the Memo No.580 dated 11.03.2019.

3. At this stage, the learned counsel for the State is not in a position to controvert the statement of the learned counsel for the petitioners and submits that if the order has attained finality, the same needs to be complied with.

4. Considering the submissions of the parties, the petitioner is directed to file a representation before the District Education Officer, Buxar, within a period of four weeks from today. Upon receipt of such representation, the District Education Officer, Buxar, shall consider and decide the claim of the petitioner within a period of six weeks from the date of receipt of the representation, strictly in consonance with the directions issued by the Additional Chief Secretary, Education Department, Patna, as contained in Memo No. 580 dated 11.03.2019.

5. It is made clear that Respondent No. 2 shall monitor the issue in question and ensure that, in the event of

4/4 non-compliance with the order of the District Appellate Authority within the stipulated period, appropriate proceedings are initiated against the District Education Officer, Buxar, in accordance with the directions issued by the Additional Chief Secretary. If, even after the expiry of the stipulated period, the District Education Officer, Buxar, continues to sit tight over the matter, the petitioner shall be at liberty to bring the same to the notice of Respondent No. 2 for appropriate action.

6. With the aforesaid observations and directions, the instant writ application stands disposed of. (Ajit Kumar, J) shikha/- U