IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3699 of 2025 ======================================================

Himanshu Kumar Son of Shri Awadhesh Sharma, resident of Ward No. 03, P.S. - Naubatpur, Bela, Naubatpur, District- Patna. ... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar at Patna.

2. The Director, Primary Education, Bihar at Patna.

3. The District Magistrate, Patna.

4. The District Superintendent of Education, Patna.

5. The District Programme Officer (Establishment), Patna.

6. The Block Development Officer (B.D.O) cum Secretary, Block Teachers Employment Committee, Naubatpur, District- Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Sanchay Srivastava, Sr. Standing Counsel : Mr. Sushant Srivastava, Advocate : Mrs. Sonali Priya, Advocate For the Respondent/s : Mr. Government Pleader (16)

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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER

2 21-01-2026 Heard the parties.

2. The present writ petition has been filed for the following reliefs:-

I. That the present Writ Application is being filed for issuance of an appropriate writ(s)/ order(s) or direction(s) in the nature of certiorari for quashing and setting-aside Office Order vide Memo No. 1593 dated 28.09.2024 (contained in Annexure-P-19) issued by respondent no. 6 by which the services of the petitioner as a Panchayat Teacher has been terminated on the ground that the said termination is bad in law and not sustainable in the eyes of law;

II. That the present Writ Application is being filed for issuance of an appropriate writ(s)/ order(s) or direction(s) in the nature of certiorari for quashing and setting-aside Order vide Memo No. 6460 dated 19.07.2023 (contained in Annexure- P-17) passed by the District Programme Officer (Establishment), Patna;

III. That the present Writ Application is being filed for issuance of an appropriate writ(s)/ order(s) or direction(s) in the nature of mandamus for a direction to the concerned respondent authorities to reinstate the petitioner on his post and further to provide all the consequential benefits to him;

IV. That the present Writ Application is being filed for issuance of an appropriate writ(s)/ order(s) or direction(s) in the nature of mandamus for a direction to the concerned respondent authorities to make payment of all the unpaid back wages and payments with regard to other consequential benefits in accordance with the Order dated 06.08.2019 passed in C.W.J.C. No. 6159 of 2015;

3. It is the case of the petitioner that he was appointed on the post of “Shiksha Mitra” in Middle School Bara, Naubatpur for eleven months on 24.02.2003 and, subsequently by the Government notification, all Shiksha Mitra were treated to be Panchayat Teachers and by virtue of the same, the petitioner also became Panchayat Teacher. The petitioner passed Teacher Eligibility Test (TET) in the year, 2009.

4. It is further case of the petitioner that he had obtained degree from Central Board of Higher Education, New Delhi, in the year 2001, which is a recognised institution and the certificates issued by the same are treated to be equivalent to matriculation and intermediate school certificates of Bihar. It has further been contended that a Division Bench of this Court vide its order dated 02.07.1992 passed in C.W.J.C. No. 2207 of 1991 has observed that “according to the respondent, the examination conducted by the Central Board of Higher Education was recognised by the State of Bihar as equivalent to matric examination from the year 1975.”

5. It has also been contended on behalf of the petitioner that an enquiry was conducted by the Block Education Officer with respect to the certificates granted by the Central Board of Higher Education, New Delhi and it was communicated to the District Programme Officer (Establishment), Pa