The court upheld the validity of an appointment based on credentials and examined jurisdiction issues surrounding removal orders.

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 02-12-2025 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. The petitioner in the present writ application has prayed for the grant of following reliefs:-

(i) For issuance of appropriate writ(s) direction(s), order(s) quashing the order dated 24.10.25 23.9.25 passed by the Chairperson. State Appellate Authority Education Department, Bihar whereby a direction was issued to the concerned respondents to remove the petitioner from the post of Block Teacher within a period of one fort night of this order.

(ii) For directing the respondents concerned to continue the petitioner on the post of Block teacher in Government Middle School Teldiha Madanpur as she was appointed on the said post on the basis of a valid certificate obtained from the institution which was recognized at the time of issuance of certificate.

(iii) For directing the respondents concerned to pay the salary of the petitioner since January 2024 till the date she worked on the said post.

3. Learned counsel for the petitioner submits that by Letter dated 22.03.2007 issued by Block Education Officer, Madanpur, Aurangabad, the petitioner was appointed on the post of Block Teacher in Government Middle School, Teldiha, Madanpur. The petitioner joined on 23.03.2007 and had been working since then. All of a sudden from January, 2024, the salary of the petitioner was stopped, compelling the petitioner to file Case No. 04 of 2024 before the District Appellate Authority, Aurangabad for payment of salary. It is stated that on 07.09.2024, the District Appellate Authority allowed the case with a direction to the District Programme Officer to ensure the payment of salary to the petitioner since January, 2024 and also for the payment of regular salary to the petitioner for the period the petitioner has been teaching in the school. This order passed by the District Appellate Authority was challenged by the Respondent-State by filing Appeal No. 213 of 2024 before the State Appellate Authority, Patna. The State Appellate Authority allowed the Appeal No. 213 of 2024, set aside the order dated 07.09.2024 passed in Case No. 04 of 2024 but canceled the appointment of three private respondents including the petitioner from the date of appointment, for the reasons as stated in the said order. Direction was also given that the petitioner and the similarly situated persons will be removed from service within a period of one fortnight of this order. Learned counsel for the petitioner submits that it is this order dated 24.10.2025/23.09.2025 passed by the State Appellate Authority which has been challenged in the present writ application as being illegal and wholly without jurisdiction.

4. Learned counsel appearing for Respondent-State prays for time for filing counter-affidavit. As prayed for, four weeks’ time is granted to the Respondent-State to file counter- affidavit. In the meantime, the impugned order dated 24.10.2025/23.09.2025 passed in Appeal Case No. 213 of 2024 by the State Appellate Authority shall remain stayed and the petitioner shall not be disturbed from service in case he still continues in service and has not been terminated pursuant to the order of the State Appellate Authority dated 24.10.205/23.09.2025 passed in Appeal Case No. 213 of 2024. It is further ordered that no coercive action shall be taken against the petitioner for the recovery of the amount.

5. Put up this case on 13.01.2026.

(Alok Kumar Sinha, J)