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 principles.

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 respondents to consider and grant the promotion to the petitioners from Graduate Grade Teacher to the Post of Headmaster at Nationalised/Government Middle Schools since the due date of promotion i.e. since the completion of 5 years satisfactory services as trained teacher, with all consequential benefits including the arrears of differences of salary, according to the provisions contained under Rule 5(3) and (16)(i) of the Bihar Panchayat Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rule, 2020.

And/or for any other order/order(s) as your Lordships may found fit and proper under given facts and circumstances of the case."

3. The petitioners in paragraph no. 1 of the CWJC No. 2712 of 2025, have sought inter alia following relief(s), which is reproduced hereinafter:

"(i) For issuance of a writ in the nature of certiorari setting aside the impugned order bearing Memo No. 1176 dated 24.07.2024 issued from the level of Respondent Director, Primary Education,Bihar, Patna whereby and where under the representation of petitioners regarding consideration for promotion on the post of Headmaster after completion of 5 years in trained Graduate Grade Teachers in Middle School in term of Clause 15(ch)(iii) of Bihar Panchayat Elementary Teacher (Employment & Service Condition) Rules 2012 under which they have been appointed and even in amended Rule 2020 same procedure for promotion on the post of Headmaster has incorporated in Clause 3(i) of the amended Rule but despite having continued for more than 10 years from Graduate Grde Teachers of Middle School have not been consider for promotion and petitioners had filed C.W.J.C. No. 6952 of 2022 before this Hon'ble Court which was disposed of vide order dated 07.03.2024 with direction to Respondent No. 2 to take decision within 3 months and in compliance to that Respondent No. 2 has pass the impugned order misconstruing the Service Condition Rules 2012 under which petitioners were appointed rather having upon subsequent different Service Rules for different kind of Teachers rejected the claim of petitioners which is not proper in the eye of law.

(ii) For direction upon the Respondent State to take appropriate decision under which promotion on the post of Headmaster in Elementary School Class VI to VIII in view of Service Condition Rule 2012 as amended in Rule 2020 as pe