Ram Babu Sah v. The State Of Bihar

THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15455 of 2025 ====================================================== Ram Babu Sah, Son of Late Beni Sah, resident of village-Turkauliya, P.OJhouaram, Police Station-Dhaka, District-East Champaran at Motihari, presently posted as Incharge Headmaster upgraded Middle School Shyam Bakhari, P.S-Dhaka, District- East Champaran. ... ... Petitioner

Versus

1.

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

2.

The Director, Primary Education, Education Department, Govt. of Bihar, New Secretariat, Patna.

3.

The District Magistrate, Motihari, District-East Champaran at Motihari. 4.

The District Education Officer, Motihari, District- East Champaran at Motihari.

5.

The District Programme Officer, (Establishment), Motihari, District- East Champaran at Motihari.

6.

The Block Education Officer, Dhaka, Block and P.S- Dhaka, District-East Champaran at Motihari.

7.

The Secretary Block Teacher Employment Unit, Dhaka, Block and P.SDhaka, Dist-East Champaran at Motihari. 8.

Sanjeev Ranjan Kumar, s/o Late Mathura Prasad, Resident of village-Shyam Bakhari, P.O- Jhauaram, P.S- Dhaka, District- East Champaran, presently posted as Assistant Teacher upgraded Middle School (Shyam Bakhari, P.SDhaka, District- East Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyama Kant Singh, Advocate For the Respondent/s :

Mr. Ajay Behari Sinha, GA.8 Mr. Neeraj Raj, AC to GA.8 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 30-10-2025 Heard the parties.

2. The petitioner is aggrieved with the order contained in Memo No. 4113, dated 21.08.2025 issued by the District Programme Officer (Establishment) East Champaran

Patna High Court CWJC No.15455 of 2025 dt.30-10-2025 2/3 whereby private Respondent No.8 has been appointed as InCharge Headmaster upgraded Middle School, Shyam Bakhari, Dhaka by replacing the petitioner on the basis of representation of the Respondent No.8.

3. Learned Advocate for the petitioner submitted that despite the fact that both the petitioner and the private Respondent have been duly appointed as Exclusive Teacher and the petitioner being senior to him, he has been wrongly and illegally deprived from continuing as In-Charge Headmaster of the school, in question, by adopting pick and choose basis. It is further submitted that private Respondent No.8 is also subjected to departmental as well as criminal cases besides various other allegations being made by the local people and the villagers by filing various representations; nonetheless, he was appointed as In-Charge Headmaster of the school, by replacing the petitioner.

4. Learned Advocate for the State submits that the issue with regard to the inter se seniority between the petitioner and the private Respondent is required to be looked into by the concerned authority.

5. In view of the submissions advanced and taking note of the limited grievance of the petitioner, this Court instead of keeping the matter pending, thinks it proper to dispose of the

Patna High Court CWJC No.15455 of 2025 dt.30-10-2025 3/3 same extending liberty to the petitioner to file appropriate representation along with the necessary documents in support of his claim before the Respondent No.2, preferably within a period of four weeks.

6. In case, such a representation is filed by the petitioner within the stipulated period, the same shall be considered and disposed of within a further period of eight weeks.

7. The Writ petition stands disposed of.

(Harish Kumar, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.11.2025 Transmission Date NA