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2025 DAILYLAW 1469 (PAT)

Ram Krishna Mandal v. The State of Bihar

CWJC/7861/2025 · 2026-03-30

Anshuman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7861 of 2025 ====================================================== 1. Ram Krishna Mandal S/o Late Phusi Mandal, R/o Village and P.O. Korthu, P.S. Ghanshyampur, District Darbhanga. 2. Sanjay Kumar Srivastava, S/o Shashi Bhushan Prasad, R/o Mohalla- Bazitpur, P.O.- Shubhankerpur, P.S.- Lahriasarai, District Darbhanga. 3. Manil Kumar Karn, S/o Late Sarv Narayan Lal Karn, R/o Village and P.O.- Aasi, P.S.- Ghanshyampur, District- Darbhanga. 4. Vinodanand Jha, S/o Late Jay Krishna Jha, R/o Village and P.O.- Dulha, Via- Keoti Runway, P.S. - Bisfi, District Darbhanga. 5. Dharmendra Kumar Lal, S/o Late Ragholal Das, R/o Mohalla Nayatola, Sundarpur, P.O.- Lalbagh, P.S.- L.N.M.U. Campus, District- Darbhanga. 6. Sunil Kumar Suman, S/o Late Laxman Lal Das, R/o Mohalla Sundarpur Bira, P.O.- Vasudevpur, P.S.-L.N.M.U. Campus, District- Darbhanga. 7. Shoaib Ahmad Ansari, S/o Abdur Raquib, R/o Mohalla- Quazipura, P.O.- Laheriasarai, P.S.- Laheriasarai, District- Darbhanga. 8. Md. Manzoor Alam, S/o Md. Kallo, R/o Village Barhampura, P.O.- Pohaddibela, P.S. - Ghanshyampur, District Darbhanga. 9. Md. Habibullah Ansari, S/o Md. Kurban Ansari, R/o Village Hasanpur, P.O.- Jagatpur, P.S. - Phulparas, District Madhubani. 10. Ram Krishna Yadav, S/o Dev Narayan Yadav, R/o Village and P.O. - Kabaria, P.S.- Darbhanga Sadar, District Darbhanga. 11. Mahendra Jha, S/o Late Cihoran Jha, R/o Village- Belon, P.O.- Nawada, P.S.- Bahera, District- Darbhanga. 12. Mod Narayan Poddar, S/o Late Mahaveer Poddar, R/o Village and P.O.- Galma, P.S.- Ghanshyampur, District Darbhanga. 13. Binod Kumar, S/o Shibjee Sinha, R/o Village- Sakatpur, P.O.- Pokharbhinda, P.S.- Sakatpur, District- Darbhanga. 14. Suresh Kumar, S/o Late Ramchandra Prasad, R/o Village and P.O.- Kerai, Via- Kalyanpur, P.S.- Bibhutipur, District- Samastipur. 15. Surya Narayan Yadav, S/o Bansilal Yadav, R/o Village- Sonvarsa, P.O.- Karhari, P.S.- Laukhi, District Madhubani. 16. Md. Nawab, S/o Md. Nehal Ahmed, R/o Mohalla- Saraisattar Khan, P.O.- Laheriasarai, P.S. - Laheriasarai, District Darbhanga. 17. Md. Israil, S/o Md. Ismail, R/o Village- Mahthaur, P.O. - Putai, P.S.- Tardih, District Darbhanga. 18. Ram Kumar Jha, S/o Late Ramlakhan Jha, R/o Mohalla- Chunabhatti, P.O.- Laxmisagar, P.S.- LN.M.U. Campus, District- Darbhanga. 19. Aruna Choudhary, W/o Ram Das, R/o Village and P.O. - Balour, P.S.- Manigachi, District Darbhanga. ... ... Petitioner/s Versus Patna High Court CWJC No.7861 of 2025 dt.30-03-2026 2/5 1. The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna. 2. The Additional Chief Secretary, Education Department, Government of Bihar, Patna. 3. The State Project Director, Bihar Education Project Council, Patna, Shiksha Bhawan, Rashtra Bhasha Parishad Campus, Saidpur, Rajendra Nagar, Patna- 800004. 4. The Director (Administration)-cum-Additional Secretary, Education Department, Bihar, Patna. 5. The District Education Officer, Darbhanga. 6. The District Programme Officer, Prarambhik Shiksha Evam Samagra Shiksha, Bihar Education Project, Darbhanga. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Jagnnath Singh, Advocate For the State : Mr. Madhaw Pd. Yadav, GP-23 For the BEPC : Mr. Girijesh Kumar, Advocate Mr. Akash Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 30-03-2026 Heard learned counsel appearing for the petitioners, learned counsel appearing for the State and learned counsel appearing for the Bihar Education Project Council. 2. Learned counsel for the petitioners submits that the petitioner has filed the present writ petition formality 3. Learned counsel for the petitioners submits that the petitioners are retired Government teachers. It is further submitted that the Government of Bihar, in a high-level meeting held on 27.06.2023, decided that in 537 Block/Urban Resource Centres (BRC/URC), there shall be three posts of Block Resource Persons for each block, totalling 1611 posts, to be Patna High Court CWJC No.7861 of 2025 dt.30-03-2026 3/5 filled from amongst retired teachers by preparing a panel at the block level upon obtaining their consent for re-employment up to the age of 65 years. Pursuant thereto, a notification was issued and the petitioners were duly selected. 4. Learned counsel for the petitioners further submits that upon selection, the petitioners started discharging their duties in their respective areas of posting. However, all of a sudden, in gross violation of the principles of natural justice, Letter No. 585 dated 27.03.2025 was issued, which is illegal, arbitrary, and bad in law. 5. It is further submitted that the said letter does not contain any reason or indication for the removal of the petitioners. Learned counsel submits that though the petitioners were appointed on a contractual basis after their retirement, their services have been terminated without issuance of any show- cause notice or affording them an opportunity of hearing, thereby violating the principles of natural justice. 6. On the other hand, learned counsel for the Bihar Education Project Council submits that the petitioners have not placed the correct factual matrix before this Court. It is contended that no stigma has been attached to the petitioners; rather, as a matter of policy, a decision has been taken not to Patna High Court CWJC No.7861 of 2025 dt.30-03-2026 4/5 continue their engagement as the nature of work assigned to them has been reconsidered. 7. Learned counsel further submits that the appointment letter clearly stipulates that the work of the petitioners would be scrutinized from time to time, and in case the same is not found satisfactory, their contractual services are liable to be terminated. 8. In support of his contention, learned counsel relies upon the judgment of this Court in CWJC No. 4556 of 2025 and CWJC No. 11361 of 2025, as contained in Annexure R/3/E to the counter affidavit filed on behalf of respondent no. 3, wherein the issue has been categorically dealt with. It is further submitted that the engagement of the petitioners was under a project of the Bihar Education Project Council, and without attributing any allegation, a decision has been taken not to continue taking work from them. 9. After hearing the parties and considering the pleadings on record, it transpires to this Court that the authorities of the Bihar Education Project Council, after selection of the petitioners, undertook scrutiny of their work and, as a matter of policy, decided not to continue them for the purpose of school inspection, there being a marked discrepancy Patna High Court CWJC No.7861 of 2025 dt.30-03-2026 5/5 between the inspection reports submitted by the petitioners and those received from other sources. 10. This Court is not inclined to interfere with the decision of the authorities concerned, inasmuch as Clause 5 of the order dated 25.07.2023 specifically provides that the work of the selected Block Resource Persons shall be scrutinized from time to time, and if found unsatisfactory, their services may be terminated by the competent authority with immediate effect. 11. With the aforesaid observation and direction, the present writ petition stands dismissed. 12. Interlocutory application, if any, also stands dismissed. Ashwini/- (Dr. Anshuman, J) AFR/NAFR CAV DATE NA Uploading Date 30/03/2026 Transmission Date NA