Vikram Kumar vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14833 of 2024
CNR No. BRHC010953662024
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Vikram Kumar Son of Late Radheshwar Thakur, Resident at Kushi Harpur
Horil, P.S.- Kanti, District-Muzaffarpur was working as Prakhand Teacher in
upgraded Middle School, Maishahan, Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department Govt. of Bihar,
Patna.
3. The Director, Primary Education Department, Govt. of Bihar, Patna.
4. The District Education Officer, Muzaffarpur, District- Muzaffarpur.
5. The District Programme, Officer (Establishment) Muzaffarpur, District-
Muzaffarpur.
6. The Block Education Officer, Kanti, District - Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate
: Mr. Ritesh Ranjan, Advocate
: Mr. Bipin Kumar, Advocate
For the Respondent/s : Ms. Kalpana, GA-22
: Mr. Rana Veer Prawar, AC to GA-22
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 29-10-2026

Heard the learned counsel for the petitioner and the
learned counsel appearing on behalf of the State.
I.A. No. 01 of 2026
2. The present interlocutory application has been filed
for quashing the letter contained in Memo No. 77 dated
23.05.2023 (Annexure-P/6 to the interlocutory application), issued
under the signature of the District Programme Officer

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(Establishment), Muzaffarpur, whereby the services of the
petitioner was terminated on account of his being untrained.
3. Considering the prayers made in the interlocutory
application, the Interlocutory Application No. 01 of 2026 is
allowed.
4. The prayers made in paragraph no.11(A) of the
Interlocutory Application No. 01 of 2026 will be treated to be part
and parcel of the writ petition.
C.W.J.C. No. 14833 of 2024
5. Initially, the writ petition was filed for the following
reliefs:-
“(i) For issuance of an appropriate writ in the
nature of Mandamus, Commanding and
directing the respondent authorities to
consider the case of the petitioner for
continuation in Govt. service in view of
paragraph-39 of judgment passed on
20.03.2024 passed by Hon’ble Division
bench in LPA No. 748/2022 and its
analogous cases and after consideration
of the case of the petitioner in the light of
the judgment of the Division bench grant
consequential benefit maintaining his
status and seniority, as the petitioner was
appointed on class-III employee i.e.
Prakhand Teacher.”

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6. It is not in dispute that the petitioner was appointed
prior to 31.03.2015. He was appointed as Block Teacher on
24.10.2013, by the letter issued by the Block Development Officer,
Kanti, Muzaffarpur and pursuant thereto, he gave his joining. Vide
letter dated 05.01.2023, issued under the signature of the Director,
Primary Education, Department of Education, Government of
Bihar, Patna, a direction was issued to all the District Education
Officer/District Programme Officer (Establishment), Bihar to
terminate the services of the Teachers, who did not possess the
requisite qualification/training, in terms of the order passed by this
Hon’ble Court in C.W.J.C. No. 16214 of 2019 (Md. Ataur
Rahman & Ors. versus the Union of India & Ors.) . In terms of
the directions given by the Director, Primary Education on
05.01.2023, the Executive Officer-Cum-Member Secretary, Block
Teachers Employment Unit, Kanti, Muzaffarpur by the impugned
order contained in Memo No. 77 dated 23.05.2023, by giving
reference to the letter dated 05.01.2023, issued by the Director,
Primary Education, Department of Education, Government of
Bihar, Patna and the consequential letter, issued by the District
Programme Officer (Establishment), Muzaffarpur contained in
Memo No. 913 dated 27.02.2023, proceeded to terminate the
services of the petitioner, on the ground that he was appointed as

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an untrained teacher and he did not obtain the training, during his
service period.
7. The learned counsel for the petitioner submits that
the matter with regard to obtaining training has been set at rest by
the Hon’ble Supreme Court of India in the case of Anjuman
Ishaat-E-Taleem Trust versus the State of Maharashtra & Ors .
reported in 2025 SCC OnLine SC 1912 and the State of U.P.
versus Anjuman Ishaat-E-Taleem Trust & Ors . reported in 2026
SCC OnLine SC 998.
8. He submits that in terms of the judgment of the
Hon’ble Supreme Court of India in the case of Anjuman Ishaat-
E-Taleem Trust and the State of U.P. vs Anjuman Ishaat-E-
Taleem Trust & Ors. , referred above, the Hon’ble Supreme Court
of India vide its order dated 28.07.2026 passed in S.L.P.(C) No.
25298 of 2023 (Abdul Baqui Ansari & Ors. Vs the Union of
India & Ors.) and its analogous cases, which also include S.L.P.
(C) No. 10872-10898 of 2024 , which arises of the judgment
passed by the Hon’ble Full Bench of this Hon’ble Court, on
19.10.2022, in paragraph nos. 14 and 15 has held as under:
“14. In the circumstances, while their earlier
services rendered with the State
Government may not be treated to be a
regular one, no purpose at the same time
would be served in terminating the

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services and conducting fresh selection
on the same post which will also take a
long time, keeping in view that the
selection process itself as a long
cumbersome process.
15. In order to protect the students, whose
education might be affected on account of
creating vacancies by terminating
services of the teachers, who are already
trained, this court considering the fact
that the education being a subject matter
in the concurrent list and also
considering that the State Government
has a right to frame its own rules relating
to appointment directs that the petitioners
shall be allowed to continue on their
respective post. However, considering the
provision of Section 23(2) of the Act, as
amended vide Amendment Act of 2017, all
of them shall be treated to be freshly
appointed only from the date they have
acquired the training and not from an
earlier date as their appointment prior to
acquiring training which has been done
only after 31.03.2019 was not in
conformity with the provisions of the
R.T.E. Act of 2009. More so as their
continuance in services after 31.03.2019
even by Government was dehors the Act
of 2005 and therefore cannot be
regularized.”
9. The learned counsel for the petitioner submits that
pursuant thereto vide letter No. 2853 dated 01.10.2026, issued

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under the signature of the Director, Primary Education,
Government of Bihar, Patna, a direction has been issued to all the
District Education Officer, Bihar to give liberty to the teachers,
who were appointed prior to 31.03.2015 to acquire the D.El.Ed.
Qualification till 31.08.2028. It has further been directed that such
of those untrained teachers, whose services were terminated
pursuant to order dated 20.03.2024 passed in L.P.A. No. 748 of
2022, they be reinstated in service. He submits that in terms of the
judgment of the Hon’ble Supreme Court of India in the case of
Abdul Baqui Ansari (supra) and the letter of the Director, Primary
Education dated 01.10.2026, it was incumbent upon the District
Education Officer to reinstate the petitioner in service and to give
him opportunity to acquire the qualification/training on or before
31.08.2028.
10. The learned counsel for the State does not object to
the settled proposition of law by the Hon’ble Supreme Court of
India in the case of Abdul Baqui Ansari (supra).
11. Considering the submissions of the parties, this
Court is of the considered opinion that the petitioner must be
allowed to perform his duties in the school concerned, where he
was performing his duties, prior to issuance of the order dated
23.05.2023, issued by the Executive Officer-Cum-Member

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Secretary, Block Teachers Employment Unit, Kanti, Muzaffarpur,
in terms of the directions issued by the Hon’ble Supreme Court of
India in the case of Abdul Baqui Ansari (supra).
12. In view of the judgment of the Hon’ble Supreme
Court of India in the case of Abdul Baqui Ansari (supra) , the
order contained in Memo No. 77 dated 23.05.2023 passed by the
Executive Officer-Cum-Member Secretary, Block Education
Employment Unit, Kanti, Muzaffarpur is set aside.
13. The respondent authorities are directed to reinstate
the petitioner in service forthwith, in terms of paragraph no.15 of
the judgment of the Hon’ble Supreme Court of India in the case of
Abdul Baqui Ansari (supra). The petitioner would be under
obligation to acquire the trained status on or before 31.08.2028 and
if the petitioner will not acquire the said qualification, he will be
entitled to be removed from service, in terms of the directions
given by the Hon’ble Supreme Court of India in the case of Abdul
Baqui Ansari (supra).
14. In view of the observations made above, the writ
petition is allowed, with a direction to the Executive Officer-Cum-
Member Secretary, Block Education Employment Unit, Kanti,
Muzaffarpur/ the District Education Officer, Muzaffarpur to
forthwith reinstate the petitioner in services and to permit him to

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perform his duties in the school concerned, where he was
performing his duties, prior to issuance of the impugned order of
termination dated 23.05.2023.
15. The writ petition is allowed in the above mentioned
terms and directions.
(Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR
CAV DATE NA
Uploading Date 30.10.2026
Transmission Date NA