Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.785 of 2025 ====================================================== Ashok Kumar Singh, S/o Late Sarvanand Singh, R/o Village- Chilbili, P.O.- Nisarpura, P.S.- Beur, District- Patna at Present Mohalla- New Atwarpur P.O.- Kurthoul, P.S.- Parsa Bazar, District- Patna, presently posted as Panchayat Teacher at Government Primary School, Pipra (S.C.), Block- Punpun, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

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

3.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 4.

The Principal Secretary, Urban Development Department, Government of Bihar, Patna.

5.

The Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna.

6.

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

7.

The District Education Officer, Patna, District- Patna. 8.

The District Programme Officer, Establishment (Education), Patna, DistrictPatna. 9.

The Block Development Officer, Punpun, District- Patna. 10.

The Block Education Officer, Punpun, District- Patna. 11.

The Panchayat Secretary -cum- Member Secretary, Panchayat Teacher Employment Committee, Parthu Panchayat, Block- Punpun, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lalit Kishore, Sr. Advocate Mr. Mrityunjay Kumar, Advocate Mr. Arinjay Kumar, Advocate Mr. Shivam Kumar, Advocate For the Respondent/s :

Mr. P.K. Shahi, Advocate General Mr. Vikas Kumar, A.C. to A.G.

======================================================

Patna High Court CWJC No.785 of 2025(4) dt.03-02-2026 2/3 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-02-2026 The petitioner Ashok Kumar Singh has filed this writ petition to declare, inter alia, Rules 3(2) and 3(3) of Bihar Prarambhik Vidyalay Pradhan Shikshak (Bihar Elementary School Head Teacher) Rule, 2024, as published vide Notification No.7/Vidh-30/2021-385 dated 20.02.2024 as illegal, arbitrary, unconstitutional and in consonance with the rule/law made by the respondents themselves.

2. At this juncture, learned Advocate General placed the judgment dated 13.02.2025 of a Division Bench of this Court in C.W.J.C. No. 6683 of 2024 where the very two rules were under challenge on the ground that they are arbitrary and unconstitutional and this Court has been pleased to dismiss the writ petition.

3. Learned counsel for the petitioner submits that since the other rules are also under challenge in this writ petition and only in the aforesaid judgment dated 13.02.2025 decision has been taken in respect of Rules 3(2) and 3(3) of 2024 Rules, he may be permitted to withdraw this writ petition with liberty to file a fresh writ petition challenging the other rules which are

Patna High Court CWJC No.785 of 2025(4) dt.03-02-2026 3/3 also under challenge in this writ petition.

4. Accordingly, the writ petition is disposed of as withdrawn giving liberty to the petitioner as prayed for. (Sangam Kumar Sahoo, CJ) (Nani Tagia, J) P.K.P./- U