Case Background
This judgment of the Patna High Court arises from two writ petitions, CWJC No. 2354 of 2025 and CWJC No. 2712 of 2025, heard together and decided by a common oral judgment dated 27.02.2025 by Hon’ble Mr. Justice Purnendu Singh.
The petitioners in CWJC No. 2354 of 2025 are Block Teachers working in different Government Middle Schools in the district of Sitamarhi. They were appointed as Graduate Grade Teachers (some initially untrained, later trained; one directly as trained) under the Bihar Panchayat Teachers Rules, 2012. After completing the required years of service and acquiring training qualifications, they claimed promotion to the post of Headmaster in Government/Nationalised Middle Schools.
The petitioners in CWJC No. 2712 of 2025 include a teachers’ association and individual Graduate Grade Teachers appointed in Middle Schools under the 2012 Rules in Araria, Lakhisarai and Sheikhpura districts. They have served for more than ten years but were not considered for promotion to Headmaster.
Earlier, some of these petitioners had approached the High Court in CWJC No. 6952 of 2022. By order dated 07.03.2024, the Court directed the Director, Primary Education (Respondent No. 2) to take a decision within three months on their representation regarding promotion.
In response, the Director, Primary Education passed Memo No. 1176 dated 24.07.2024, rejecting the grievance of Panchayat/Block Teachers who were appointed under the 2006 and 2012 Rules, and declining their claim for promotion as headmasters. Both sets of petitioners challenged this memo as illegal, contrary to the 2012 and 2020 Rules, and in violation of constitutional guarantees.
What the Court Examined and Decided
The Court first noted that the core issue in both writ petitions was identical: whether Block/Panchayat teachers appointed under the 2012 Rules, and now governed by the 2020 Rules, could be denied promotion to the post of Headmaster of Government/Nationalised Middle Schools on the basis of Memo No. 1176 dated 24.07.2024.
The petitioners in CWJC No. 2354 of 2025 sought quashing of Memo No. 1176, and a mandamus directing the State to grant them promotion from Graduate Grade Teacher to Headmaster in Government Middle Schools from the date they completed five years of satisfactory service as trained teachers, with all consequential benefits, under Rule 5(3) and Rule 16(i) of the Bihar Panchayat Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020 (Rules, 2020).
The petitioners in CWJC No. 2712 of 2025 similarly sought quashing of Memo No. 1176, and directions to consider their promotion to Headmaster of Middle Schools after completion of five years in trained Graduate Grade posts, under Clause 15(ch)(iii) of the Bihar Panchayat Elementary Teacher (Employment & Service Condition) Rules, 2012 (Rules, 2012), as carried forward in Rule 5(3) and Rule 16 of the 2020 Rules. They also highlighted that they had not opted into the later Bihar Vishist (Exclusive) Teacher Rules, 2023 and 2024.
The Court then traced the legal framework governing elementary teachers in Bihar. Initially, the Bihar Panchayat Primary Teacher (Appointment and Service Conditions) Rules, 2006 (Rules, 2006) were in force, later amended in 2008 with an efficiency test. Following the Right of Children to Free and Compulsory Education Act, 2009 and NCTE notifications dated 25.08.2010 and 29.07.2011 introducing Teacher Eligibility Test (TET) as a minimum qualification, the State repealed the 2006 Rules and brought in the Bihar Panchayat Teachers Rules, 2012 (Rules, 2012) from 03.04.2012.
Under the 2012 Rules, three distinct categories were created: Panchayat Shikshak of basic grade (Class I–V), Prakhand Shikshak/graduate teachers (Class VI–VIII), and Pradhanadhyapak (Headmaster), each as separate grades. Rule 5 of the 2012 Rules set out educational and training qualifications, while Rule 15(ch) provided a structured scheme of promotion, including:
- Promotion from basic grade to trained graduate grade after 12 years of satisfactory service.
- 50% of graduate grade posts to be filled by promotion after eight years’ satisfactory service.
- Promotion of trained graduate teachers with minimum five years’ service to the post of Headmaster of middle school, on the basis of a seniority list.
In 2020, the 2012 Rules were repealed and replaced by the Bihar Panchayat Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020. Rule 16 of the 2020 Rules again contemplated promotion both to graduate grade and to the post of Headmaster, and required the administrative department to issue detailed promotion guidelines. Rule 5(3) of the 2020 Rules clearly stipulated that all Headmaster posts in Middle Schools in the Panchayat Elementary Teacher cadre would be filled by promotion, with mandatory conditions including:
- Minimum five years of continuous service in graduate grade (or from date of acquiring training, whichever later).
- Minimum 45% marks in graduation.
- Qualification in Assessment (Efficiency Test)/Teacher Eligibility Test.
- Cleanliness Certificate of three years prior to the year of promotion.
The petitioners argued that they fulfilled these requirements, had completed the necessary years of service as trained graduate teachers, and were therefore entitled to consideration for promotion under the statutory scheme. They relied on a co-ordinate Bench ruling in CWJC No. 6391 of 2021 (Sanjay Kumar v. State of Bihar & Ors.), where the Court had directed preparation of a gradation list and filling of 50% of Headmaster posts through promotion within specific timelines, on the basis that there was “no embargo” on granting promotion under the 2012 Rules.
The petitioners also contended that Headmaster posts in Government Middle Schools had not been included in Advertisement No. 25/2024 dated 01.03.2024, which only related to Headmaster posts in primary schools. They stressed that numerous Headmaster posts in middle schools were lying vacant and could be filled by promotion of eligible Niyojit/Block teachers under the 2012 and 2020 Rules.
On the other hand, the State, through its counsel, argued that under the Bihar Nationalized Elementary School Teacher Transfer, Disciplinary Proceedings and Promotion Rules, 2018 (Rules, 2018), the post of Headmaster in middle schools was a district cadre post. Only district cadre teachers – not local bodies (Panchayat/Block) teachers – were eligible for appointment. According to the State, the petitioners belonged to the local bodies cadre and could not claim these district cadre Headmaster posts unless the district cadre posts had been exhausted and transferred to local bodies.
The State further pointed out that the service conditions of Niyojit teachers had undergone several changes. Following litigation over “equal pay for equal work” and the Supreme Court’s decision in State of Bihar v. Bihar State Teachers Struggle Committee, (2019) 18 SCC 301, the State revised pay scales, extended EPF benefits, and ultimately enacted the Local Bodies Teachers Rules, 2020. Subsequently, the Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023 and the Bihar School Exclusive Teachers Rules, 2023 were framed to create new cadres of State School Teachers and Exclusive Teachers. A competency test was introduced, with five opportunities for Niyojit teachers to qualify and migrate to the Exclusive Teacher cadre.
The State contended that the service conditions of Niyojit teachers were in a “transit stage” for two years after the 2023 Exclusive Teacher Rules came into force, and that the Bihar Elementary Schools Head Teachers Rules, 2024 created a separate Head Teacher cadre for teachers appointed under the 2020 and 2023 Rules. In this backdrop, the State argued that detailed promotion guidelines under Rule 16 of the 2020 Rules had not been issued and that separate Head Teacher recruitment rules now governed headship posts.
The Court declined to accept this defence. It examined at length the Division Bench judgment in Pramod Kumar Yadav v. State of Bihar & Ors. (CWJC No. 1942 of 2024 and analogous cases), where the Bihar School Exclusive Teachers Rules, 2023 were upheld. The Division Bench had clarified the co-existence of four cadres: State School Teachers, Exclusive Teachers, Niyojit (local bodies) Teachers, and earlier government teachers (including those appointed by one-time special recruitment). It held that Niyojit teachers who did not opt for or did not qualify in the competency test would continue under the Local Bodies Teachers Rules, 2020 as a separate, though “dying”, cadre.
Importantly, the Division Bench in Pramod Kumar Yadav directed the State to frame a scheme ensuring career progression and promotional avenues for all cadres, and to create a grievance redressal mechanism. It held that the doctrine of occupied field did not bar the Exclusive Teachers Rules, 2023 from operating alongside the Local Bodies Teachers Rules, 2020, but did not permit repeal of the 2020 Rules regarding Niyojit teachers.
The present Single Judge judgment also referred to another Division Bench decision in CWJC No. 6683 of 2024 (Parivartankari Prarambhik Sikshak Sangh Bihar Regd. Office v. State of Bihar & Ors.), which upheld the Bihar Elementary Schools Head Teachers Rules, 2024. That Bench clarified that the 2024 Rules provide an opportunity to teachers appointed under earlier rules (2006–2020) and under the 2023 Rules to participate in the selection process for Head Teachers.
Applying these principles, the Court held that Niyojit teachers appointed under the 2006, 2012 and 2020 Rules constitute a recognized cadre, and the State is bound to consider them for promotion under the 2012 and 2020 Rules “as and when they became entitled for the post of Headmaster”. The plea that Headmaster posts were purely district cadre posts under the 2018 Rules could not be used to indefinitely postpone preparation of gradation lists or to deny promotion consideration.
The Court found that the Additional Chief Secretary, Education Department, had erred in relying on Rule 9 of the Bihar School Exclusive Teachers Rules, 2023 and on observations in CWJC No. 8513 of 2023 (Pravin v. State of Bihar & Ors.), which related to teachers governed by the 2023 State School Teacher Rules, to reject the petitioners’ representations. This approach ignored the distinct position of Niyojit teachers and the clear directions in Pramod Kumar Yadav and Sanjay Kumar.
Consequently, the Court held that Memo No. 1176 dated 24.07.2024 was not sustainable in law, as it did not consider the petitioners’ representations in accordance with the governing statutory rules and binding judicial precedents. The memo was set aside and quashed. The writ petitions were disposed of with these directions and clarification of the legal position, without any order as to costs.
Why This Judgment Matters
This judgment is significant for thousands of Niyojit and Block teachers in Bihar, particularly Graduate Grade Teachers in middle schools who were appointed under the 2012 Rules and are now governed by the 2020 Rules. Many of them have completed the required years of service and training but were not being considered for promotion as Headmasters.
The Patna High Court has made it clear that the State cannot use later rules, new cadres, or administrative delays as an excuse to deprive such teachers of their statutory right to be considered for promotion. The judgment reinforces that:
- Past actions and entitlements under the 2012 and 2020 Rules are saved and must be honoured.
- Preparation of gradation/seniority lists and consideration for promotion cannot be endlessly postponed.
- Niyojit teachers are a recognized cadre with their own service conditions and promotional avenues.
For individual teachers, this decision offers a way forward: even if they do not opt into the Exclusive Teacher cadre, they still retain the right to be considered for promotion as Headmasters under the 2012 and 2020 Rules, once they meet the eligibility conditions.
Legal Issues and Answers
- Issue: Can the State refuse to consider Graduate Grade Panchayat/Block teachers, appointed under the 2012 Rules and governed by the 2020 Rules, for promotion as Headmasters of Government/Nationalised Middle Schools, by relying on Memo No. 1176 dated 24.07.2024 and later rules creating new cadres?
Answer: No. The Patna High Court held that Niyojit teachers appointed under the 2006, 2012 and 2020 Rules form a recognized cadre and are entitled to consideration for promotion to Headmaster posts under the provisions of the 2012 and 2020 Rules. Memo No. 1176, which rejected their claim without properly applying these rules and without following the binding judgments in Sanjay Kumar and Pramod Kumar Yadav, was quashed. - Issue: Does the existence of district cadre Headmaster posts under the 2018 Rules and new Head Teacher recruitment rules (2024) allow the State to avoid preparing gradation lists and implementing promotion provisions for Niyojit teachers?
Answer: No. The Court held that the 2018 district cadre provisions and later rules cannot stand in the way of preparing gradation lists and implementing promotion mechanisms for Niyojit teachers. Administrative reasons or new cadres cannot justify denial or indefinite delay of statutory promotional avenues already provided by the 2012 and 2020 Rules.
Cases Cited by the Court
- CWJC No. 1942 of 2024 (Pramod Kumar Yadav v. State of Bihar & Ors.) and analogous cases – Division Bench judgment upholding Bihar School Exclusive Teachers Rules, 2023, clarifying cadres and directing career progression schemes.
- CWJC No. 6391 of 2021 (Sanjay Kumar v. State of Bihar & Ors.) – Co-ordinate Bench directing preparation of gradation lists and implementation of promotion of Panchayat teachers under the 2012 Rules.
- CWJC No. 6683 of 2024 (Parivartankari Prarambhik Sikshak Sangh Bihar Regd. Office v. State of Bihar & Ors.) – Division Bench upholding Bihar Elementary Schools Head Teachers Rules, 2024.
- C.W.J.C. No. 14907 of 2018 (Yogeshwar Pandey & Ors. v. State of Bihar & Ors.) – referred to in the State’s submissions on earlier embargo on promotions.
- State of Bihar v. Bihar State Teachers Struggle Committee, (2019) 18 SCC 301 – Supreme Court judgment upholding validity of Niyojit teacher rules.
- Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors., (2018) 10 SCC 396 – cited in context of promotion embargo and reservation issues.
- Devesh Sharma v. Union of India, 2023 SCC OnLine SC 985 – Supreme Court observations on importance of elementary education.
- Randhir Singh v. Union of India, (1982) 1 SCC 618 – on “equal pay for equal work”.
- State of Haryana v. Jasmer Singh, (1996) 11 SCC 77 – on limits of “equal pay for equal work”.
- State of Haryana v. Charanjeet Singh, (2006) 9 SCC 321 – on conditions for applying “equal pay for equal work”.
- State of Bihar v. Bihar State Teachers Struggle Committee, para 107 – suggestion regarding higher scales on test qualification, relied upon in Pramod Kumar Yadav.
- Reference was also made to Jaiveer Singh (Supra) – Supreme Court decision on untrained teachers acquiring minimum qualification by 31.03.2019 under RTE Act.
Case Details
Case Number:
Civil Writ Jurisdiction Case No. 2354 of 2025 (with CWJC No. 2712 of 2025)
Case Title:
CWJC No. 2354 of 2025 – Hriday Narayan Bharti & Ors. v. The State of Bihar & Ors.
CWJC No. 2712 of 2025 – Snatak Grade Prasikshit Shikshak Sangh, Bihar & Ors. v. The State of Bihar & Ors.
Coram:
Hon’ble Mr. Justice Purnendu Singh
Citation:
2025(3) PLJR 222
Advocates:
In CWJC No. 2354 of 2025 – For the petitioners: Mr. Mrityunjay Kumar, Advocate; Mr. Mukesh Kumar Singh, Advocate; Mr. Arinjay Kumar, Advocate. For the State: Mr. Santosh Chandra Bhaskar, AC to GP-11.
In CWJC No. 2712 of 2025 – For the petitioners: Mr. Arun Kumar, Advocate. For the State: AC to GP-16.
Nature of the Case:
Writ petitions under Article 226 of the Constitution challenging rejection of representations for promotion, seeking quashing of administrative Memo No. 1176 dated 24.07.2024 and directions for promotion to the post of Headmaster in Government/Nationalised Middle Schools.
Date of Judgment:
27.02.2025 (Uploading Date 20.03.2025)
Link to Judgment:
https://patnahighcourt.gov.in/viewjudgment/MTUjMjM1NCMyMDI1IzEjTg==-fl0–am1–yTc739g=
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