The right to a hearing is essential in administrative actions affecting an individual's rights.

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 22-12-2025 Heard learned counsel for the petitioners and learned counsel for the Respondent-State.

2. The petitioners in the present writ application have prayed for the grant of following relief:-

i) For issuance of an appropriate writ in the nature of certiorari for quashing the memo no. 985 dated 06.11.2025 issued under the signature of the Regional Deputy Director of Education, Magadh Division, Gaya, by which, the with promotion granted to the petitioners retrospective effect vide Memo Nos 3889 and 3899 dated 31.07.2025 issued under the signature of the District Education Officer, Gayaji and the District Programme Officer (Establishment), Gayajı, in the scale of graduate trained pay (science/arts) since 2007 and in the scale of Headmaster since 2011 in compliance of the order passed by the Hon'ble Patna High Court in CWJC No 15610/2018 (Raghvendra Sharma and Others vs the State of Bihar and Others) has been cancelled, without considering the facts and circumstances of the case of the petitioners as well as without properly appreciating the import of the order passed by this Hon'ble High Court in CWJC No. 15610/2018 (Raghvendra Sharma and Others vs. the State of Bihar and Others), as also without providing the opportunity of hearing to the petitioners, who are the affected parties and such an order of the Regional Deputy Director of Education, Magadh Division, Gaya is in teeth of several judicial pronouncements of this Hon'ble High Court as also the Hon'ble Supreme Court, wherein, it has consistently been held that any order passed without granting an opportunity of being heard to the affected parties is a violation of the principles of natural justice, specifically the maxim of audi alteram partem.

ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to not take any precipitate action against the petitioners in the light of the order of the Regional Deputy Director of Education, Magadh Division, Gaya contained in 985 dated 06.11 2025, by which, he has arbitrarily cancelled the promotion granted to the petitioners merely on the ground of an appeal filed by some of the aggrieved teachers, who after scrutiny were not found entitled for shifting the date of their promotion in graduate trained pay scale and in the scale of Headmaster and only account of non-inclusion of their name in Memo Nos 3889 and 3899 dated 31.07 2025 issued under the signature of the District Education Officer, Gayaji and the District Programme Officer (Establishment). Gayaji, they filed their appeal before the Regional Deputy Director of Education, Magadh Division, Gayaji by misrepresenting the facts and the Regional Deputy Director of Education, Magadh Division, Gayajı instead of limiting the order with respect to the aforesaid 13 teachers with regard to their eligibility, has arbitrarily cancelled the entire order shifting the date of promotion of the petitioners in the scale of graduate trained pay scale since 2007 and in the scale of Headmaster since 2011, which is absolutely arbitrary and not sustainable in the eyes of law. iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent District Accounts Officer, Gayaji to implement the aforesaid promotion order, as the said order is pending before the District Accounts Officer, Gayaji for further action on the said promotion list, which has already been verified by the District Education Officer, Gayaji and the District Programme Officer (Establishment), Gayajı, without any further delay. iv) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner will be found ent