Patna High Court
CWJC/10465/2026 of Chakradhar Kumar Singh Vs The State of Bihar on 24 July 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10465 of 2026 ====================================================== 1. Chakradhar Kumar Singh S/O Mahendra Prasad Singh, R/O.- Kamakhya Nagri, Bansi Tikar P.S.-Sabour, District- Bhagalpur, presently posted at Middle School Koyali,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10465 of 2026
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1.
Chakradhar Kumar Singh S/O Mahendra Prasad Singh, R/O.- Kamakhya Nagri, Bansi Tikar P.S.-Sabour, District- Bhagalpur, presently posted at Middle School Koyali, Jagdishpur, Bhagalpur.
2.
Niraj Kumar, S/O.-Triveni Prasad Singh, R/O.- Bhatti Chak, P.S.- Surihari, Dist.-Banka, presently posted in Middle School Narayanpur, Shahkund, Bhagalpur.
3.
Purushottam Kumar, S/O.- Late Lal Mohan Mandal, R/O. Tahwalpur, P.S.- Lodipur, District- Bhagalpur, presently posted in M. School Bangaon Khutaha, Bhagalpur.
4.
Prashant Kumar, S/O.- Arbind Thakur, R/O.- Tulsipur, P.S. Kharikbazar, Dist.- Bhagalpur, presently posted in Urdu M. School Habibpur, Kanya, Jgadishpur, Bhagalpur.
5.
Ram Kinkar Mishra, S/O.- Late Purusottam Mishra, R/O. Bhramarpur, P.S.- Bhawanipur, District- Bhagalpur, presently posted in PR. Middle School Bishanpur Jichho, Goradih Bhagalpur.
6.
Pawan Kumar, S/O Bishun Dev Prasad R/O.- Village - Lohcha Patam, P.S.- Naya Ram Nagar. District Munger, presently posted at Middle School Anandpur, Goradih, Bhagalpur.
7.
Vijay Kumar Singh, S/O.- Dwarika Prasad Singh, R/O.- Mahaddipur, P.S.- Pasaraha, Dist.- Khagaria, presently posted in Middle School Chhoti Dhankar, Sabour, Bhagalpur.
8.
Shankar Prasad Singh, S/O.- Saryug Prasad Singh, R/O.- Murli, P.S.- Rangra Chowk, District- Bhagalpur, presently posted in M. School Maniyarpur, Nathnagar, Bhagalpur.
9.
Prabhat Kumar Jha, S/O.- Late Narayan Jha Nirakar, R/O.- Bharamarpur, P.S.- Bhawanipur, Dist.- Bhagalpur, presently posted in M. School Sarath, Goradih, Bhagalpur.
10.
Ravi Kant Mandal, S/O.- Baldev Mandal, R/O.- Parghari, P.S. Sabour, District-Bhagalpur, presently posted in Middle School Agarpur Khas, Goradih, Bhagalpur.
11.
Manoj Kumar Jaiswal, S/O Kushal Kishor Bhagat R/O.- C.P.I. Road, Ward No.- 19/25 Nawgachhiya, P.S.- Nawgachhiya District-Bhagalpur, presently posted at Middle School Pista, Jagdishpur, Bhagalpur.
12.
Sanjay Kumar, S/O.- Chhabi Nath Prasad Mandal, R/O.- Ganga Karhariya, P.S.- Goradih, Dist.- Bhagalpur, presently posted in Urdu Middle School Mangachak, Sanhaula, Bhagalpur.
13.
Pankaj Kumar, S/O.-Garho Prasad, R/O. Adalpur, P.S. Dharhara, District- Munger, presently posted in M. School Sarmaspur, Goradih, Bhagalpur.
14.
Amrendra Kumar, S/O.- Late Surendra Thakur, R/O.- Shahabad, P.S.- Sultanganj, Dist.- Bhagalpur, presently posted in M. School Gangati, Sultanganj, Bhagalpur.
15.
Dharmendra Kumar, S/O.- Late Suresh Prasad Singh, R/O.- Daspur, P.S.- Sanjour, District- Bhagalpur, presently posted in Middle School Rajanpur, Sahkund, Bhagalpur.
16.
Anant Pandit, S/O-Bateshwar Pandit, R/O. Village Anand Nagar, P.S.-
Sabour. District- Bhagalpur, presently posted at Middle School Shivaydih, Sabour, Bhagalpur.
17.
Sudarshan Bharti, S/O.- Vijay Kishor Mandal, R/O. Paria, P.S.- Bariarpur, Dist. Munger, presently posted in Middle School Chhoti Bhawnathpur, Sultanganj, Bhagalpur.
18.
Sikandar Kumar, S/O.- Dhanraj Mandal, R/O.- Umeshwar Nagar, P.S.- Sabour, District- Bhagalpur, presently posted in M. School Sultanpur Bhitthi, Sabour, Bhagalpur.
19.
Manoj Kumar Sinha, S/O.-Ramakant Mandal, R/O.- Navtolia Chouka, P.S.- Zeromile, Dist.- Bhagalpur, presently posted in M. School Jhurkhuria, Sabour, Bhagalpur.
20.
Nawal Kumar Mandal, S/O. Ramotar Mandal, R/O.-Lal Khan Colony Sabour, P.S.- Sabour, District- Bhagalpur, presently posted in Middle School Parghari, Sabour, Bhagalpur.
21.
Dinendra Kumar, S/O - Chamaklal Singh, R/O.- Village Daulatpur, P.S.- Sultanganj(Bath) District- Bhagalpur, presently posted at Middle School Kurban, Jagdishpur, Bhagalpur.
22.
Jay Shankar Sharma, S/O. Krishndev Sharma, R/O. Pain, P.S.-Akbarnagar, Dist.- Bhagalpur, presently posted in Middle School Pair Dominiya, Milki, Shahkund, Bhagalpur.
23.
Gautam Kumar Paswan, S/O.- Ram Paswan, R/O.-Chandheri, P.S.- Sabour, Dist.- Bhagalpur, presently posted in Middle School Mashadu, Sabour, Bhagalpur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary Department of Education, Bihar, Patna.
2.
The Additional Chief Secretary, Department of Education, New Secretariat, Patna.
3.
The Director( Primary Education), New Secretariat, Patna.
4.
The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur.
5.
The District Education Officer, Bhagalpur.
6.
The District Programme Officer (Establishment), Bhagalpur.
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr. Amarendra Kumar, Adv.
For the Respondent/s
:
Mr. Manish Kumari, AC to GP-12
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL JUDGMENT
Date : 24-07-2026 Heard the parties.
2. The batch of the writ petitioners have approached this Court seeking issuance of the writ in the nature of mandamus directing the respondents to consider the claim of the petitioners for promotion to B.A. (Trained) post with effect from 17.10.2016 as well as the post of Headmaster with effect from the date their juniors/similarly situated persons were promoted in the light of the order/judgment passed in the CWJC No. 11255 of 2016 (Ramashankar Patel & Ors. Vs. The State of Bihar & Ors. and other analogous cases). The petitioners were duly appointed during the period of 1993 to 2003 on the post of Assistant Teacher in different Elementary School, the particulars of which have been duly mentioned in the writ petition.
3. It is the specific contention of the petitioners that the State Government Promulgated Bihar Elementary Teachers Promotion Rule, 2011 and accordingly, the seniority list of matric trained teachers were duly prepared. The name of the petitioners and similarly situated persons were not included in the list of seniority, which was prepared for promotion to B.A. (Trained) post on the ground that they are having degrees of Sahityalankar obtained from Hindi Vidyapeeth Deoghar, which is not equivalent to graduation.
4. The issue with regard to equivalence of Sahityalankar with the graduation stood settled by a Full Bench of this Court in the case of Ramashankar Patel & Ors. Vs. The State of Bihar & Ors. and other analogous cases, (2019) 5
BLJ 349. The aforesaid order have also been questioned by the State of Bihar in Special Leave Petition (Civil) Diary No(s). 6359 of 2021, which was turned down vide order dated 23.07.2021. In the light of the aforesaid decision, the other identically situated persons have been extended promotion to the post of graduate trained post/headmaster from the post of their eligibility, but the petitioners have been deprived from the similar benefit and, till date, no decision has been taken in the matter.
5. In the aforesaid premise, the association of the petitioners made a representation before the respondent no. 4, the Regional Deputy Director of Education as well as respondent no. 5, the concerned District Education Officer for redressal of the grievance. On receipt of the representation, the Regional Deputy Director of Education vide Memo No. 374 dated 17.04.2026 directed the respondent no. 5 and 6 to immediately grant promotion to the petitioners and similarly situated persons with effect from the date, the juniors were promoted. But nothing has been done, hence the present writ petition.
6. Learned Advocate for the State seeks an adjournment to verify the entitlement of the petitioners. However, with respect to the issue having been settled by the Full Bench of this Court in the case of Ramashankar Patel &
Ors. (supra), it has not been disputed.
7. Having considered the submissions advanced by learned Advocate for the respective parties and on perusal of the materials available on record, especially the issue raised before this Court having no more remain res integra, this Court deems it proper to direct the respondent nos. 5 and 6 to take up the case of the petitioners and pass an appropriate order, in accordance with law, especially in the light of the decisions referred hereinabove, preferably within a period of eight weeks, from the date of receipt/production of a copy of this order.
8. Suffice it to observe that in case the claim of the petitioners find favour, consequential benefits must be accorded to them, as has been given to other identically situated persons.
9. With the aforesaid direction, the present writ petition stands disposed off.
shivank/- (Harish Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 24.07.2026 Transmission Date NA