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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Hriday Narayan Bharti, S/o. Ram Kalewar Sah – Appellant
Versus
State of Bihar, through the Additional Chief Secretary, Education Department, Government of Bihar – Respondent
JUDGMENT :
Purnendu Singh, J.
Heard Mr. Mrityunjay Kumar, learned counsel appearing on behalf of the petitioners in CWJC No. 2354 of 2023; Mr. Arun Kumar, learned counsel appearing on behalf of the petitioners in CWJC No. 2712 of 2025 and Mr. Santosh Chandra Bhaskar, learned AC to GP-11 for the State in CWJC No. 2354 of 2023 and AC to GP-16 for the State in CWJC No. 2712 of 2025.
2. The petitioners in paragraph no. 1 of the CWJC No. 2354 of 2025, have sought inter alia following relief(s), which is reproduced hereinafter:
"(i) For issuance of a writ in the nature of Certiorary of any other appropriate writ/order/direction to quash the Order contained in Memo No 1176, dated 24.07.2024 whereby and whereunder the Director, Primary Education, Government of Bihar, Patna, has rejected the Grievance of promotion of all those Panchayat/Block Teachers who have been appointed in pursuance to the Bihar Panchayat Elementary Teacher Rules, 2006 and 2012 without considering the provisions of the relevant Rules as-well-as several orders/directions passed by this Hon'ble Court.
(ii) Further, for issuance of a writ in the nature of Mandamus оr any other appropriate writ/order/direction to the respondent
The promotion rights of teachers must be adhered to according to their respective service conditions, ensuring compliance with state regulations while respecting natural justice and constitutional pr....
Time-bound promotion for teachers after 12 years of service is a fundamental right and compulsory under state rules, ensuring compliance with equality principles in the Constitution.
The court upheld the validity of recruitment rules allowing equal competition between Graduate and Primary Teachers for promotional posts, asserting no violation of constitutional rights with efficie....
Promotions cannot be annulled without an adverse order from prior litigation, reaffirming principles of legal continuity and procedural fairness.
(1) Appointments made in contravention of statutory provisions are void ab initio.(2) Mere dismissal of Special Leave Petition would not mean that view of High Court has been approved by Apex Court.
Teacher training qualification mandatory at appointment time under statutory rules; subsequent acquisition does not validate; executive resolutions cannot override rules.
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