Rabindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17898 of 2025 ====================================================== 1.

Rabindra Kumar Son of Ramji Prasad Singh, Resident of village- Khodanao, P.O. and P.S. Pasraha, District- Khagaria (Bihar). 2.

Sanjay Kumar Tiwari, Son of Hisabi Mandal, Resident of village- Badi Malia, P.S.- Gogri, District Khagaria (Bihar). ... ... Petitioners

Versus

1.

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

2.

The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

3.

The District Magistrate, Bhagalpur.

4.

The District Education Officer, Bhagalpur (Bihar). 5.

The District Programme Officer (Establishment), Education Department, Bhagalpur.

6.

The Block Development Officer, Goradih, (Bhagalpur), Bihar. 7.

The Block Education Officer, Goradih, (Bhagalpur), Bihar. 8.

The Panchayat Sachiv, Gram Panchayat Shalpur, Block- Goradih (Bhagalpur).

9.

The District Appellate Authority (Education Department), Bhagalpur through its Secretary.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Lalan Kumar, Advocate For the Respondent/s :

Mr. Government Pleader (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioners and learned counsel for the Respondent-State.

2. With the consent of all the parties, the present writ application is being disposed at this stage itself.

3. The petitioners in the present writ application have prayed for the following reliefs:- "(i) In the nature of "mandamus"

directing and commanding the respondent authorities to treat the petitioner as Exclusive Teacher having passed the Competency Test for Local

Patna High Court CWJC No.17898 of 2025(2) dt.11-11-2025 2/3 bodies teacher 2024 and direct the respondent authorities to appoint the petitioner as Exclusive Teacher wef dates similarly teacher have been appointed as such.

(ii) In the nature of "mandamus"

directing and commanding the respondent authorities to pay the petitioners entire their salary with effect from the dates of their employment as Panchayat teacher.

(iii)For any other reliefs for which the petitioners are entitled in the fact and circumstances of the instant case."

4. For claiming the aforesaid reliefs, learned counsel for the petitioners submits that the petitioners are prepared to file a representation before the District Education Officer, Bhagalpur (Respondent No. 4) and further submits that an appropriate direction be issued to the District Education Officer, Bhagalpur (Respondent No. 4) to dispose of the said representation after giving an opportunity of hearing to the petitioners within a fixed time frame.

5. To this prayer being made by learned counsel for the petitioners, learned counsel for the Respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application

Patna High Court CWJC No.17898 of 2025(2) dt.11-11-2025 3/3 is disposed of granting liberty to the petitioners to file a detailed representation before the District Education Officer, Bhagalpur (Respondent No. 4) within a period of one month from the date of passing of this order. If such a representation is filed within the stipulated time, the District Education Officer, Bhagalpur (Respondent No. 4) is directed to dispose of the same on merit after giving an opportunity of hearing to the petitioners, by passing a reasoned and speaking order. The entire exercise must be completed within a period of three months from the date of filing of the representation by the petitioners. Needless to emphasize that the final order which shall be passed by the District Education Officer, Bhagalpur (Respondent No. 4) should be a reasoned and speaking order.

7. With the aforesaid observation and direction, this writ application is disposed of. Pending Interlocutory Applications, if any, will stand disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U