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2026 Supreme(Online)(Pat) 3003

PATNA HIGH COURT
Harish Kumar, J
Manjay Mukhiya – Appellant
Versus
The State of Bihar through the Principal Secretary, Education Department, Government of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ram Nibash Prasad, Adv.
For the Respondents: Mr. Birsu Prasad, GP-13, Mr. Shweta Anand, AC to GP-13

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

4 10-02-2026 Heard the parties.

2. The challenge in the present writ petition is made to an order contained in letter no. 8 dated 16.03.2023 (Annexure P/4) issued by Block Panchayat Raj Officer-cum-Executive Officer, Panchayat Samiti, Block Teacher Employment Unit, Sakara, Muzaffarpur whereby the petitioner has been directed to submit certificate with respect to training in the office of Block Education Officer, failing which the services of the petitioner is directed to be terminated. The petitioner also prays for a direction to ensure payment of his salary which has been illegally withheld.

3. Learned Advocate for the petitioner submitted that admittedly the petitioner was appointed as Untrained Block Teacher on compassionate ground and since then he has been discharging his duty. However, since January, 2023, his salary has been withheld.

4. A counter affidavit has been filed on behalf of respondent no. 4. This Court is apprised that since the very appointment of the petitioner was bad and in violation of Section 23(1) of the Right to Education Act ; and moreover, the petitioner is still untrained and thus, in the light of the o

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