Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5689 of 2025 ====================================================== Rajeev Kumar Son of Late Prem Shankar Mehta, Resident of VillageKulhariya Near Shiv Temple, P.S- Babubarhi, District- Madhubani. At present working as Headmaster of Janta Sanskrit Primary cum Middle School Kulharia of Babubarhi Block under the Madhubani district. ... ... Petitioner/s

Versus

1.

The State of Bihar through it Additional Chief Secretary of Education Department of Govt. of Bihar.

2.

The Special Secretary cum Appellate Authority of Education Department of Govt. of Bihar, Patna.

3.

The Bihar Sanskrit Shiksha Board, Patna through its Secretary. 4.

The Chairman cum Administrator of Bihar Sanskrit Shiksha Board, Patna. 5.

The Secretary of Bihar Sanskrit Shiksha Board, Patna. 6.

The District Education Officer, of Madhubani district. 7.

The Managing Committee of Janta Sanskrit Primary cum Middle School, Rampur Shiva of Andharatharhi Block under the Madhubani district through its Secretary/President.

8.

Rajendra Rai Son of late Awad Rai, Resident of Village- Shiva, P.S.- Andharathari, District- Madhubani, the then in-charge headmaster of Janta Sanskrit Primary cum Middle School, Rampur Shiva of Andharathari block under the Madhubani district.

9.

Sri Niranjan Kumar Singh Son of Kusheshhwar Singh, Resident of VillageMainapatti, P.S- Babubarhi, District- Madhubani. At present acting as an Assistant teacher of Shri Laxmi Narayan Tripti Narayan Sanskrit High School Rakhwari of the Andharatharhi Block under Madhubani district. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Jha, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 For the Board :

Mr. S. S. Sundaram, Advocate Mr. Ankit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 09-04-2025 Heard learned counsel for the parties.

2. This writ petitioner has been filed challenging the order dated 11.02.2025 passed by the respondent No. 2/ the

Patna High Court CWJC No.5689 of 2025(2) dt.09-04-2025 2/3 Special Secretary cum Appellate Authority of Education Department of Government of Bihar, Patna in Appeal No. 32/2024, whereby the challenge made to the appointment of respondent No. 9 as Headmaster In-charge of Janta Sanskrit Primary cum Middle School, Rampur Shiva of Andharatharhi block under Madhubani by an order dated 12.03.2024 issued by the Secretary, Bihar Sanskrit Shiksha Board, Patna vide Memo No. 1713/Patna has been dismissed.

3. The aforesaid appointment order of the respondent No. 9 as Headmaster In-charge of the Janta Sanskrit Primary cum Middle School, Rampur Shiva of Andharatharhi block under Madhubani, is stated to be a stopgap arrangement.

4. It has been submitted at the Bar that the post of Headmaster In-charge of Janta Sanskrit Primary cum Middle School, is filled up under the Bihar State Non Government Recognised Sanskrit School (upto Madhyama Standard) Teacher Service Conditions Rules, 2015.

5. Rule-6 of the aforesaid rules is the provision which provides for process of appointment/recruitment wherein, in clause-2 thereof it has been provided that the post of Headmaster shall be filled up from amongst the qualified present teachers by giving promotion and in case of non

Patna High Court CWJC No.5689 of 2025(2) dt.09-04-2025 3/3 availability of qualified teacher for promotion the post of Headmaster will be filed up by direct recruitment.

6. In view of the existence of a statutory rule, namely, Bihar State Non Government Recognised Sanskrit School (upto Madhyama Standard) Teacher Service Conditions Rules, 2015 for filling up of the post of Headmaster of Janta Sanskrit Primary cum Middle School, Rampur Shiva of Andharatharhi block under Madhubani, this writ petition is hereby disposed off at this stage itself with a direction to the respondent authorities to fill up the post of Headmaster of Janta Sanskrit Primary cum Middle School, Rampur Shiva of Andharatharhi block under Madhubani on regular basis, in accordance with the provisions of Bihar State Non Government Recognised Sanskrit School (upto Madhyama Standard) Teacher Service Conditions Rules, 2015, within a period of three months from today. (Nani Tagia, J) Nishant/- U