IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4212 of 2025 ====================================================== 1. Naveen Kumar Jha S/O- Uday Kant Jha, Resident of Ward No. 7, Rahika, P.S- Rahika, District-Madhubani. 2. Farman Ali Mansoori, S/O-Zamiruddin Mansoori, Resident of Ward No. 03, Pahra, P.S- Khirhar, District- Madhubani. 3. Bajrangi Prasad, S/O- Siyaram Prasad, Resident of Village Akaha, P.S- Madhawapur, District-Madhubani. 4. Rekha Kumari, W/O- Anil Kumar Jha, Resident of Ward No. 8, Malangia, P.S- Rahika, District-Madhubani. 5. Binod Kumar, S/O - Basudev Singh, Resident of Village- Fulhar, P.S- Harlakhi, District- Madhubani. 6. Bipin Kumar, S/O- Shankar Prasad, Resident of Village Gangaur, P.S- Harlakhi, District-Madhubani. 7. Harishchandra Das, S/O - Ram Prasad Das, Resident of Village- Kamlapatpatti, P.S- Harlakhi, District-Madhubani. 8. Bhalsari Devi, S/O- Ramlal Paswan, Resident of Ward No. 14, Jonki, P.S- Basopatti, District-Madhubani. 9. Ram Shrest Yadav, S/O -Ramashray Yadav, Resident of Village- Kalna, P.S- Harlakhi, District-Madhubani. 10. Shivshankar Prasad, S/O Rambahadur Prasad, Resident of Village Gangaur, P.S- Harlakhi, District- Madhubani. 11. Om Prakash Byar, S/O - Ram Kripal Byar, Resident of Village Khauna, P.S- Basopatti, District-Madhubani. 12. Rajeev Kumar Ranjan, S/O- Ram Bilash Thakur, Resident of Village- Simrdhi Jonki, P.S- Basopatti, District-Madhubani. 13. Nand Lal Jha, S/O- Kusheshwar Jha, Resident of Village Selibeli Chitahi, P.S- Basopatti, District-Madhubani. 14. Anil Kumar, S/O- Ram Nandan Mahto, Resident of Village- Selibeli Chitahi, P.S- Basopatti, District-Madhubani. 15. Pashupati Nath Jha, S/O-Dharmdutt Jha, Resident of Village Jonki, P.S- Basopatti, District-Madhubani. 16. Madan Mandal, S/O- Makhan Mandal, Resident of Village- Kamalapatpatti, P.S- Harlakhi, District-Madhubani. 17. Sanjeev Kumar Thakur, S/O-Ramashish Thakur, Resident of Village- Kamalapatpatti, P.S- Harlakhi, District- Madhubani. 18. Md. Tufail, S/O- Md. Issa, Resident of Village- Khauna, P.S- Harlakhi, District- Madhubani. 19. Ganesh Yadav, S/O- Rajeshwar Yadav, Resident of Village Kamtaul, P.S- Harlakhi, District. Madhubani. 20. Radha Kumari, W/O Yadunandan Yadav, Resident of Village Kamtaul, P.S- Harlakhi, District- Madhubani. Patna High Court CWJC No.4212 of 2025 dt.12-01-2026 2/8 21. Ram Babu Sah, S/O-Parmeshwar Sah, Resident of Village- Parsa, P.S- Harlakhi, District. Madhubani. 22. Binod Kumar, S/O- Laxmi Yadav, Resident of Village- Kamtaul, P.S- Harlakhi, District- Madhubani. 23. Pradip Safi, S/O- Murat Safi, Resident of Village- Hisardeorhi, P.S- Harlakhi, District- Madhubani. 24. Sadhana Kumari, W/o-Mithila Bihari Shukla, Resident of Village- Sonai, P.S- Khirhar, District-Madhubani 25. Binod Kumar, S/O- Surya Naraan Yadav, Resident of Village Mnoharpur, P.S- Harlakhi, District-Madhubani. 26. Bhogendra Yadav, S/O-Kusheshwar Yadav, Resident of Village- Kalna, P.S- Harlakhi, District-Madhubani. 27. Ajit Kumar Jha, S/O- Braj Kumar Jha, Resident of Village- Barha, P.S- patauna bisfi, District- Madhubani. 28. Sudhir Kumar Singh, S/O-Dhanpati Singh, Resident of Village- Chatara, P.S- Khajauli, District-Madhubani. 29. Ram Prakash Paswan, S/O-Gangdeo Paswan, Resident of Village- Hererampatti Dumri, P.S-Rahika, District- Madhubani. 30. Kailash Sahu, S/O- Bindeshwar Sahu, Resident of Village Basuara, P.S- sadar madhubani, District-Madhubani. 31. Kanhaiya, S/O- Raj Kishor, Resident of Village- Nanarh, P.S- Kaluahi, District- Madhubani. 32. Yogendra Ram, S/O- Dukhi Ram, Resident of Village- Narar, P.S- Kaluahi, District- Madhubani 33. Sunita Singh, W/O- Surendra Prasad, Resident of Village Gangaur, P.S- Harlakhi, District. Madhubani. 34. Indra Raman Kumar, S/O. Parmanand Kunwar, Resident of Village Malangia, P.S- sadar madhubani, District- Madhubani. 35. Dhiraj Kumar Jha, S/O- Shambhu Nath Jha, Resident of Village Bihnagar, P.S- Pandaul, District-Madhubani. 36. Urmila Devi, W/O- Devendra Yadav, Resident of Village Salempur, P.S- Saharghat, District-Madhubani. 37. Bimal Kumari, W/O- Shyam Yadav, Resident of Village Salempur, P.S- Saharghat, District-Madhubani. 38. Shastri Pandit, S/O- Ganga Pandit, Resident of Village bokaha east, P.S- Saharghat, District- Madhubani. 39. Vinod Sahu, S/O- Brij Lal Sahu, Resident of Village-Salempur, P.S-, Saharghat, District- Madhubani. 40. Jayanti Kumari, W/O- Gulab Jha, Resident of Village- Basuki Bihari Uttari Tole, P.S- Madhwapur, District-Madhubani. 41. Kalpana Kumari, W/O- Sanjeev Kumar Dwivedi, Resident of Village Piraukhar, P.S- Madhwapur, District-Madhubani. 42. Mahesh Sahani, S/O- Bujhawan Sahani Kayasth, Resident of Village Patna High Court CWJC No.4212 of 2025 dt.12-01-2026 3/8 Piraukhar, P.S- Madhwapur, District- Madhubani. 43. Basant Kumar Dwivedi, S/O-Nand Kishore Dwivedi, Resident of Village Piraukhar, P.S-Madhwapur, District- Madhubani. 44. Brahmdeo Raut, S/O-Ramparikshan Raut, Resident of Village- baratol, P.S- Saharghat, District- Madhubani. 45. Pramod Ray, S/O- Laxman Ray, Resident of Village- Balwa, P.S- Madhwapur, District- Madhubani. 46. Pinki Kumari, S/O- Arun Kumar Mishra, Resident of Village Bairva, P.S- Madhwapur, District-Madhubani. 47. Vijay Kumar Prasad, S/O- Ram Ekwal Yadav, Resident of Village- Bairwa, P.S- Madhwapur, District. Madhubani. 48. Shankar Kumar Jha, S/O- Vijay Kant Jha, Resident of Village Bithuar, P.S- Pandaul, District- Madhubani. 49. Manoj Kumar, S/O- Mahesh Yadav, Resident of Village Mahadevpatti, P.S- Harlakhi, District-Madhubani. 50. Krishna Bhushan Kumar, S/O-Ramaavtar Yadav, Resident of Village Datar, P.S- Khajauli, District-Madhubani. 51. Durga Kumari, W/O- Arun Kumar Thakur, Resident of Village- Sambhuar, Salempur, P.S-Madhubani, District- Madhubani. 52. Ruby Kumari, W/O- Mahabir Jha, Resident of Village- Pachadhi, P.S- Pandaul, District- Madhubani. 53. Kumari Vidya, W/O- Harihar Mahara, Resident of Village Selra, P.S- Jay Nagar, District-Madhubani. 54. Naresh Kumar Mahto, S/O-Jagdish Mahto, resident of village- near masjid, Katai, bhowara, P.S-madhubani sadar, district- Madhubani. 55. Mohan Kumar Mishra, S/O-Chandra Kumar Mishra, resident of village- ward no. 3, Bihnagar, P.S-pandaul, district- Madhubani. 56. Sudha Devi, W/O- Rajendra Safi, resident of village-Bihnagar, P.S- pandaul, district- Madhubani. 57. Rani Devi, W/O- Sachidanand Jha, resident of village-Bihnagar, P.S- pandaul, district-Madhubani. 58. Suresh Mochi, S/O- Ruplal Ram, resident of village barahgoriya, udaypur, bitthwar, P.S- pandaul, district- Madhubani. 59. Amar Nath Thakur, S/O- Bhola Thakur, resident of village- fattehpur belahi, ward no. 7, P.S- pandaul, district- Madhubani. 60. Naveen Kumar, S/O- Krit Narayan Ray, resident of village- barahgoriya, udaypur, bitthwar, P.S-pandaul, district- Madhubani. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna. 2. The Director, Primary Education, Government of Bihar, Patna. Patna High Court CWJC No.4212 of 2025 dt.12-01-2026 4/8 3. The District Magistrate, Madhubani. 4. The District Education Officer, Madhubani. 5. The District Programme Officer (Establishment), Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Baidyanath Thakur, Adv. Mr. Prabhakar Thakur, Adv. For the Respondent/s : Ms. Vartika K Kashyap, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 12-01-2026 Heard Mr. Baidyanath Thakur, learned Advocate assisted by Mr. Prabhakar Thakur, learned Advocate for the petitioners and Ms. Vartika K Kashyap, learned Advocate for the State. 2. The petitioners have approached this Court for the following reliefs:- “(i) for direction to the respondent no. 4 to grant the promotion in Graduate trained Teacher in terms of rule 15 (Cha) (i) of Bihar Panchayat Teacher (Recruitment and Service Conditions) Rule, 2012 after successfully completing 12 years continuous satisfactory service from the date of acquiring the required training for the purpose of promotion in next fixed salary. (ii) For direction to the respondent no. 4 to fill up the 50% post of graduate teacher by way of promotion under 50% quota reserved for promotion for the teacher holding graduate degree in terms of rule 15(cha) (ii) who have successfully completed 8 years continuous satisfactory service in basic Patna High Court CWJC No.4212 of 2025 dt.12-01-2026 5/8 grade. (iii) For direction to the respondent no. 04 to grant the promotion to the petitioner on the post of headmaster under 50% quota reserved for promotion on the ground that the petitioner have become graduate trained teacher after successful completion of 12 years of continuous satisfactory service in basic grade in terms of rule 15 (Cha) (i) of Bihar Panchayat Teacher (Recruitment and Service Conditions) Rule, 2012 and the petitioners are eligible to be considered for promotion on the post of headmaster as the petitioners have also successfully completed 5 years continuous service as graduate grade.” 3. Learned Advocate for the petitioners, after some arguments, submitted that the case of the petitioners is identical to those of the writ petitioners of CWJC No. 2511 of 2025, where the Court having taken every aspect of the matter held as follows:- “29. The concern of the petitioners is that after completing kalavadhi of 12 years of the continuous service as Niyojit Teacher from their effective dates of their appointment, they became entitled for promotion and financial upgradation is based on statutory Provisions of Rules and denial of promotion to them is in violation of Articles 14, 16 and 21 of the Constitution of India. Otherwise also, the petitioners having obtained in service training in terms of the mandate of Sub Section 2 of Section 23 of the RTE Act, 2009 after having fulfilled required qualifications in Patna High Court CWJC No.4212 of 2025 dt.12-01-2026 6/8 terms of NCTE Notifications dated 23.08.2010 and 29.07.2011, they became entitled for requisite remuneration and pay scale from the date of their acquiring requisite academic qualifications by maintaining uniformity in respect of all the teachers of Primary Classes (Class 1- V) in terms of Sub Section 3 of Section 23 of RTE Act, 2009. From the facts as narrated above, I find that the statutory Rule 15(cha) of Rules, 2012 and Rule 16 of Rules, 2020 provides for promotion after completing 12 years of service. Thus, non consideration for promotion of the petitioners and like teachers at the relevant time is solely attributable on the part of the Education Department, Government of Bihar and there is no fault on the part of the teachers. The petitioners and like teachers cannot be denied the promotional benefit on account of inaction on the part of the respondent authorities. The Rules, 2012 and Rules, 2020 have been framed by the State Government as per the mandate of Sub Section 3 of Section 23 of RTE Act, 2009. Therefore, the Rules has to be applied in uniform manner and inaction on the part of the State Government can only amount to be in violation of the statutory Rules by deliberately denying promotion to the petitioners and like teachers, such action has been deprecated by the Apex Court in the case of Panchraj Tiwary (supra). 30. In above background, the petitioners shall be treated to be promoted and the respondents are legally bound to carry on steps for granting promotion in terms of Rules, 2012 and Rules, 2020 to the petitioners and like teachers who had already acquired in Patna High Court CWJC No.4212 of 2025 dt.12-01-2026 7/8 service qualification and who are still continuing are entitled for promotion from the due date as per their seniority which is required to be given from the date they had obtained the requisite qualification in terms of RTE Act, 2009. 31. The respondents are directed to first prepare a gradation list of all such teachers and give promotion by working out inter se seniority in accordance with law within three months from the date of communication of this order. 32. In light of the discussions made hereinabove and governing Rules and the law laid down by the Apex Court, the writ petition is allowed. There is no order as to costs.” 4. Learned Advocate for the State fairly submitted that against the order aforenoted, the State has preferred Letters Patent Appeal bearing No. 1095 of 2025, which is pending consideration before the learned Division Bench. 5. At this juncture, learned Advocate for the petitioners submitted that there is no order of stay of the operation of the impugned order; and moreover, for redressal of the above referred grievance, the petitioners have also filed a detailed representation, which is placed as Annexures 4, 5 and 6 to the writ petition. 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of Patna High Court CWJC No.4212 of 2025 dt.12-01-2026 8/8 the contention of the petitioners, especially, that their cases are covered with CWJC No. 2511 of 2025, this Court deems it fit and proper to dispose off the writ petition with a direction to the respondent no. 4, to consider the claim of the petitioners and dispose off the same, in the light of the order passed in the aforenoted case, preferably within a period of ten weeks’, from the date of receipt/production of a copy of this order, with the necessary consequential orders, if admissible in law. 7. Needless to observe that the order passed by the District Education Officer shall be abide by the order passed by the learned Division Bench of this Court in LPA No. 1095 of 2025. 8. Accordingly, the writ petition stands disposed off. shivank/- (Harish Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 16.01.2026 Transmission Date NA