Ganesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7728 of 2025 ====================================================== 1.

Ganesh Mahto S/O Ram Sunder Mahto, Resident of Village- Balha, P.S. Dandari District Begusarai.

2.

Dayanand Pd. Biswas S/O Siheshwar Bishwas, Resident of VillageBarhouli, P.S. Palasi, District Araria 3.

Gadeshwar Singh S/O Late Agamlal Singh, Resident of Village Baragharia, Chitma, P.S. Pathia, District Kishanganj.

4.

Md. habibur Rahman, S/O Md. Zamiruddin, resident of Village Birmi, Ratua, P.S. Paharkatta, District Kishanganj 5.

Md. Alauddin, S/O Riyasat Ali, resident of Village Devoter Bimlea P.S. Bahadurganj, District Kishanganj 6.

Md. Fazlur Rahman, S/O Nasiruddin, resident of Village Mahadevdighi, Dohar, P.S. Bahadurganj District Kishanganj.

7.

Sabir Nezamuddin, S/O Late Saghir Ahmad, resident of Village Kachunda, P.S. Dighal bank, District Kishanganj 8.

Md. Yaqub Alam S/O Md. Asiruddin, resident of Village Bangama, Domohani, P.S. Bahadurganj, District Kishanganj 9.

Ramesh Kumar Sah, S/O Dhani Lal Sah resident of village Satal Shivpuri, P.S. Bahadurganj District Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Old Secretariat, Patna, 2.

The Additional Chief Secretary, Department of Education Govt. of Bihar, Patna 3.

The Director, Mid-Day-Meal Scheme, Bihar, Patna, 4.

The Director, Bihar Shiksha Pariyojana Parisad, Govt. of Bihar, Patna. 5.

The District Education Officer, Kishanganj District Kishanganj, 6.

The Programme Officer, Primary Education and Serve Shiksha Aviyan, Kishanganj, District- Kishanganj, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.(Dr.) Rajendra Prasad, Advocate For the Respondent/s :

Mr.Standing Counsel (16) Mr. Girijesh Kumar, Advocate Mr. Akash Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-04-2026 Heard learned counsel appearing for the petitioners

Patna High Court CWJC No.7728 of 2025(2) dt.06-04-2026 2/3 and learned counsel appearing for the respondents.

2. Learned counsel appearing for the petitioners submits that the petitioner has filed the present writ petition to reinstatement him on the post of 'Prakhand Shadhan Sevi' by quashing letter dated 20.02.2025 (Annexure P-2) and letter dated 17.03.2025 (Annexure P/3).

3. It is further submitted that the petitioners were the retired teacher who were entered into contract in the light of advertisement published by the Bihar Education Project Council . The Bihar Education Project Council accepted their contractual appointment but all of a sudden it was decided not to take work from them. He further submits that it is absolutely in violation of natural justice and petitioners cannot be removed without notice or information.

3. Learned counsel for the Bihar Education Project Council has raised a preliminary objection and vehemently opposed the prayer made in the writ petition. He submits that the order under challenge is a policy decision of the Bihar Education Project Council. It is further submitted that no stigma has been cast upon any individual; rather, the termination was made purely as a matter of policy and is a termination simpliciter.

Patna High Court CWJC No.7728 of 2025(2) dt.06-04-2026 3/3

4. Upon perusal of the impugned order, it appears that the authorities found the services of the petitioners and other similarly situated persons to be unsatisfactory, and accordingly, a collective decision was taken as part of a broader policy consideration. The nature of the termination has been treated as one simpliciter and not punitive in nature.

5. In view of the above, this Court is not inclined to interfere with the policy decision of the Bihar Education Project Council. Accordingly, the writ petition is dismissed. (Dr. Anshuman, J) Ashwini/- U