IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2084 of 2018 ====================================================== 1. Vinit Kumar S/o-Late Sitaram Singh, Presently Posted as Headmaster in Upgraded Middle School, Babhantol, Parna, 2. Rajeev Kumar Mallik, S/o-Late Sakhi Chand Mallik, Presently Posted as Headmaster in Upgraded Middle School (SC), Teghraga ... ... Petitioner/s Versus 1. The State Of Bihar, through the Principal Secretary, Department of Education, Government of Bihar, Vikash Bhawan, New Secretariat, Patna. 2. The Principal Secretary, Department of Education Government of BIhar, New Secretariat, Patna. 3. The Director Primary Education, Department of Education, Government of Bihar, New Secretariat, Pat 4. The Regional Deputy Director, Munger Division, District-Munger. 5. The District Magistrate, District-Begusarai. 6. The District Development Commissioner,District-Begusarai. 7. The District Magistrate, District-Begusarai. 8. The District Education Officer, District-Begusarai. 9. The District Programme Officer, Establishment,District-Begusarai. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 14172 of 2018 ====================================================== Surya Kant Sharma S/o Muneshwar Prasad Sharma, Resident of Village Kapasiya, P.S.- Town, District- Begusarai. ... ... Petitioner/s Versus 1. The State Of Bihar and Ors 2. The Principal Secretary, Department of Education, Government of Bihar. 3. The Director Primary Education, Government of Bihar, Patna. 4. The District Magistrate, Begusarai. 5. The District Education Officer, Begusarai. 6. The District Programme Officer, Begusarai. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 14847 of 2019 ====================================================== Patna High Court CWJC No.2084 of 2018(11) dt.27-11-2025 2/10 1. Sikandar Kumar Paswan S/o Sri Jai Kishore Paswan R/o Village Sonedipi, P.O. Dhabauli, P.S. Muffasil, District Begusarai, Pin 851129. 2. Ramashish Chaudhary, aged about S/o - Late Bengath Chaudhary, R/ o- Village P.O. - Dumari, Ward No. - 06, P.S. - Muffasil, Distirct - Begusarai, Pin - 851117. 3. Viresh Kumar S/o - Late Ram Krishna Singh R/o - Village - Ratauli, P.O. - Vinodpur, P.S. - Muffasil, District - Begusarai, Pin - 851134. 4. Arun Bharti S/o - Late Jhingur Mahto R/o - Village P.O. - Manjhaul, P.S. - Cheriabariarpur, District - Begusarai. 5. Narendra Kumar Sahni S/o - Kamal Sahni R/o- Mehda Shahpur, P.S. Cheriabariarpur, District - Begusarai. 6. Arjun Singh S/o - Sri Ram Swarth Singh R/o- Village - Ratanpur, P.O. - Begusarai, Ward No. 22, District - Begusarai. 7. Sanjay Kumar S/o - Late Baijnath Prasad R/o - Station Road, Maali Tola, P.O. - Begusarai, District - Begusarai. 8. Rampukar Sah S/o - Sri Mohit Sah R/o - Raghuvar Nagar, Vagha, Ward No. 29, P.O.- Muhadd Nagar, P.S. - Nagar, District - Begusarai. 9. Ranjan Kumar S/o - Late Sachhidanand Singh R/o- Bhardwaj Nagar, P.O. - Mohan Eghu, Via- Mirjapur Vandwar, District - Begusarai. 10. Jai Gopal S/o Sri Chandrika Singh R/o Village Ramdiri, P.O.- Ramdiri, TOla Ramnagar, P.S. - Matihani, District Begusarai. 11. Nripendra Kumar Patel S/o - Sri Indradeo Rai R/o - Village P.O. - Rachiayhi Purana Tola, P.S. - Matihani, District - Begusarai, Pin - 851134. 12. Shravan Kumar S/o - Late Gorelal Sah R/o - Village P.O. - Laakho, Ward No. 12, P.S. - Muffasil, District - Begusarai, Pin - 851129. 13. Dhananjay Kumar S/o - Late Jai Jai Ram Jha R/ o - Village - Amraur, P.O. - Singhaul, P.S. - Muffasil, District - Begusarai, Pin - 851134. 14. Sudhir Kumar S/o - Sri Yadunandan Singh R/o- Village P.O. - Laakho, Ward No. - 14, P.S. - Muffasil, District - Begusarai, Pin - 851129. 15. Ghanshyam Sah S/o - Late Baijnath Sah R/o - Village P.O. - Mahna, P.S. - Barauni, District - Begusarai. Pin - 851210. 16. Madhwanand Sharma S/o - Sri Damodar Sharma R/o - Kharidi, P.O. - Rampur, District - Begusrai, Pin - 851129. 17. Mithilesh Kumar S/o - Sri Upendra Kumar R/o - Village - Fatehpur, P.O - Suhrid Nagar, P.S. - Muffasil, District - Begusarai, Pin - 851218. 18. Arvind Kumar S/o - Late Ram Kripal Singh R/o - Sarvodaya Nagar, Ward No. - 40, P.S. - Begusarai, P.O. Via Mirjapuravdwar, District - Begusarai, Pin- 851129. 19. Homolal Mahendra S/o - Late Bindeshwari Mahto R/o - Village - Fatehpur, P.O. - Sadanandpur, P.S. - Balia, District - Begusarai. 20. Khurshid Aalam S/o - Abdul Shakur R/o - Saidan Chak, Chhoti Balia, Ward No. 03, P.O. - Lakhminia, P.S.- Balia, District - Begusarai, Pin - 851211. 21. Janardan Prasad Roy S/o - Sri Jagdish Roy R/o - Village Harerampur, P.O. - Aijany, Via - Garhpura, P.S.- Chhaurahi, (O.P.), District - Begusrai, Patna High Court CWJC No.2084 of 2018(11) dt.27-11-2025 3/10 22. Aftab Alalm S/o - Md. Nurul Hoda R/o- Village - Nurllahpur, P.O. - Daulatpur, Via - Meghaul, P.S. - Khodamanpur, District - Begusarai. 23. Ashok Kumar Das S/o - Late Jagdip Das R / o - Village P.O. - Mahna, District - Begusarai, Pin - 851210. 24. Shiv Shankar Prasad S/o- Late Ayodhya Mahto R/o - Village - Rampur Chharapatti, P.O.- Sakrauli, Via - Meghaul, Block- Cheriabariarpur, District - Begusarai. 25. Kiran Kumari W / o - Ram Vilas Rai R/o- Dinkar Nagar, Professor's Colony, P.O. - R.T.S. - Begusarai, District - Begusarai, Pin - 851117. 26. Nand Kishore S/ o - Late Ajo Sah R / o- Baghi, Ward No. - 25, P.S. - Town, (Begusarai), P.O. - Sangar, District - Begusarai, Pin - 851218. 27. Prashant Kumar S/o - Sri Shiv Shankar Poddar R/o - Mohalla - Chitrgupta Nagar, Pokharia, P.O. P.S. District - Begusarai. 28. Rajkumar Gandhi S/o - Late Rampratap Gandhi R/o - Village P.O. - Rajaura, P.S. - Muffasil, District - Begusarai, Pin - 851131. ... ... Petitioner/s Versus 1. The State of Bihar Through the Principal Secretary, Department of Education, Government of Bihar, Vikash Bhawan, New Secretariat, Patna. 2. The Principal Secretary Department of Education, Government of Bihar, New Secretariat, Patna. 3. The Director (Primary Education), Department of Education, Government of Bihar, New Secretariat, Patna. 4. The Regional Deputy Director Munger Division, District - Munger. 5. The District Magistrate District - Begusarai. 6. The District Development Commissioner District - Begusarai. 7. The District Magistrate District - Begusarai. 8. The District Education Officer District - Begusarai. 9. The District Program Officer (Establishment) District - Begusarai ... ... Respondent/s ====================================================== Appearance : (In Civil Writ Jurisdiction Case No. 2084 of 2018) For the Petitioner/s : Mr.Avanindra Kumar Jha, Adv For the Respondent/s : Mr.Smt. Binita Singh-Sc28 (In Civil Writ Jurisdiction Case No. 14172 of 2018) For the Petitioner/s : None. For the Respondent/s : Mr.Subhash Chandra Mishra - Sc16 (In Civil Writ Jurisdiction Case No. 14847 of 2019) For the Petitioner/s : Mr.Avanindra Kumar Jha, Adv For the Respondent/s : Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA Patna High Court CWJC No.2084 of 2018(11) dt.27-11-2025 4/10 ORAL ORDER 11 27-11-2025 Re: CWJC No. 2084 of 2018. Heard learned counsel for the petitioners and learned counsel appearing for the respondent-State. 2. In the present writ application, the petitioners have prayed for the grant of following reliefs: (i) For issuance of an order, direction or a writ in the nature of Certiorari for quashing the so called Enquiry Report of the District Magistrate, Begusarai, annexed with Letter No. 1577 dated 07.09.2017, {Annexure-23} whereby and where under the District Magistrate Begusarai, contrary to the law laid down by this Hon'ble Court, Relevant Rules &Guidelines issued by the department of education & even without affording any opportunity of hearing to the concerned persons, including the Petitioners (herein), has given adverse findings in the matter of promotions granted to the Petitioners on the post of Headmaster. (ii) For grant of any other relief or reliefs to which the petitioners may be found entitled to in the facts and circumstances of this case. 3. During the course of argument, learned counsel for the petitioners submits that the grievance of the petitioners have Patna High Court CWJC No.2084 of 2018(11) dt.27-11-2025 5/10 been redressed and the petitioners have already been granted retrospective promotion on the post of Headmaster w.e.f. 2011. Hence, he submits that the cause of action does not survive any more to press the writ application further. He, however, submits that uptill now the State Government has not decided to act upon the inquiry report submitted by the District Magistrate as contained in letter no. 1577 dated 07.09.2017 which has been annexed as Annexure-23 to the writ application. If in future, the respondent-State decides to act upon the inquiry report and if the same is prejudicial to the interest of the petitioners then the petitioners be granted the liberty to approach the Court questioning such an action on part of the respondent-authorities. 4. To the aforesaid submissions made on behalf of the learned counsel for the petitioners, learned counsel appearing for respondent-State does not have any objection. 5. This writ application is, therefore, disposed of as the grievance of the petitioners already stands redressed. However, liberty is granted to the petitioners to approach this Court in case the respondent-authorities decide to act upon the inquiry report of the District Magistrate contained in letter no. 1577 dated 07.09.2017 and the principle of res judicata in such a circumstance will not be applicable so far as the petitioners are Patna High Court CWJC No.2084 of 2018(11) dt.27-11-2025 6/10 concerned. 6. With the aforesaid observation and direction, the present writ application stands disposed of. Re: CWJC No. 14847 of 2019. 7. Heard learned counsel for the petitioners and learned counsel appearing for the respondent-State. 8. In the present writ application, the petitioners have prayed for the grant of following reliefs: (i) To hold and declare that in any view of the matter the whole exercise of the enquiry / fresh enquiry/ legal action in pursuance to the so called Enquiry Report of the District Magistrate, Begusarai, annexed with Letter No. 1577 dated 07.09.2017, (Annexure-14) would be a futile exercise, since it will not reach to anywhere, for the following reasons/facts: i. There is/was no dispute in the matter of grant of Promotion as Trained Graduate Teacher, (granted in the year 2012). ii. Meaning thereby there have been no dispute over the qualification of Graduation, iii. There is no allegation against the petitioners that they have caused any misrepresentation. iv. All the persons (including Patna High Court CWJC No.2084 of 2018(11) dt.27-11-2025 7/10 petitioners) who have been granted promotion on the post of headmaster in the year 2016, with grade pay of 4800/- were entitled for the said grade pay of 4800/- even without promotion as headmaster, w.e.f. the year, 2011/2015 respectively on the basis of date of appointment Thus the promotion has made no change of pay/ caused no extra burden to the state exchequer. v. That in view of the decision of this Hon'ble Court, in 2339 of 2014, as affirmed by division bench, and subsequent resolution of the state govt. all the persons who have obtained graduation degree, up to the 2016, have also been already been granted promotion on the post of headmaster, even without acquiring the degree of P.G. vi. Thus, in any view of the matter, since all the persons named in impugned enquiry report, are graduates, even prior to 2012. would/ought/should have been promoted on the post of headmaster, even without the consideration of their P.G. Degree. vii. Thus entire clamour, which rests on mode of/ validity of P.G. degree is futile and at best academic. AND CONSEQUENT UPON SUCH DECLARATION Patna High Court CWJC No.2084 of 2018(11) dt.27-11-2025 8/10 (ii) For issuance of an order, direction or a writ in the nature of Certiorari for quashing the so called Enquiry Report of the District Magistrate, Begusarai, annexed with Letter No. 1577 dated 07.09.2017, (Annexure-14) whereby and where under the District Magistrate Begusarai, contrary to the law laid down by this Hon'ble Court, Relevant Rules & Guidelines issued by the department of education & even without affording any opportunity of hearing to the concerned persons, including the Petitioners (herein), has given adverse findings in the matter of promotion granted to the Petitioners, on the post of Headmaster. (iii) For issuance of an order, direction or a writ in the nature of Certiorari for quashing the Letter No. 804 dated 26.06.2019 (Annex -19) issued under the signature of Director Primary Education, Govt. of Bihar, Patna, whereby and where under he has, directed the District Education Officer, Begusarai, to take punitive action against all the 64 persons (which includes the petitioners) named in the enquiry report of the district Magistrate. (iv) For issuance of appropriate Order / Direction for the STAY of the operation of orders impugned (mentioned above) as contained in Letter No. 1577 dated 07.09.2017, (Annexure-14) & Letter No. 804 dated 26.06.2019 (Annex 19), during the pendency of the writ petition. Patna High Court CWJC No.2084 of 2018(11) dt.27-11-2025 9/10 (v) For grant of any other relief or reliefs to which the petitioners may be found entitled to in the facts and circumstances of this case. 9. During the course of argument, learned counsel for the petitioners submits that the grievance of the petitioners have been redressed and the petitioners have already been granted retrospective promotion on the post of Headmaster w.e.f. 2011. Hence, he submits that the cause of action does not survive any more to press the writ application further. He, however, submits that uptill now the State Government has not decided to act upon the inquiry report submitted by the District Magistrate as contained in letter no. 1577 dated 07.09.2017 which has been annexed as Annexure-14 to the writ application. If in future, the respondent-State decides to act upon the inquiry report and if the same is prejudicial to the interest of the petitioners then the petitioners be granted the liberty to approach the Court questioning such an action on part of the respondent-authorities. 10. To the aforesaid submissions made on behalf of the learned counsel for the petitioners, learned counsel appearing for respondent-State does not have any objection. 11. This writ application is, therefore, disposed of as the grievance of the petitioners already stands redressed. However, liberty is granted to the petitioners to approach this Patna High Court CWJC No.2084 of 2018(11) dt.27-11-2025 10/10 Court in case the respondent-authorities decide to act upon the inquiry report of the District Magistrate contained in letter no. 1577 dated 07.09.2017 and the principle of res judicata in such a circumstance will not be applicable so far as the petitioners are concerned. 12. With the aforesaid observation and direction, the present writ application stands disposed of. Re: CWJC No. 14172 of 2018. 13. No one appears on behalf of the petitioner. 14. Learned counsel for the respondent-State is present. 15. This is an old matter of the year 2018 and still the petitioner is not taking interest in pursuing the writ application. Hence, the present application is dismissed for non-prosecution. kiran/- (Alok Kumar Sinha, J) U