Patna High Court
The State Of Bihar vs Md. Ejaaz Kauser Khan on 25 June, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.805 of 2022
In
Civil Writ Jurisdiction Case No.11447 of 2018
======================================================
1. The State of Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Public Education, Education Department, Govt. of Bihar,
Patna.
4. The District Magistrate, Sitamarhi.
5. The District Education Officer, Sitamarhi.
6. The District Programme Officer Sakshrata, Sitamarhi.
7. The Block Education Officer, Dumra Block, Sitamarhi.
8. The Block Education Officer, Nanpur Block, Sitamarhi.
9. The Block Education Officer, Runisaidpur Block, Sitamarhi.
10. The Block Education Officer, Pupari Block Sitamarhi.
11. The Block Education Officer, Belsand Block, Sitamarhi.
12. The Block Education Officer, Bairgania Block, Sitamarhi.
13. The Block Education Officer, Bajpati Block, Sitamarhi
14. The Block Education Officer, Parihar Block, Sitamarhi.
15. The Block Education Officer, Majorganj Block, Sitamarhi.
16. The Block Education Officer, Sonebarsa Block, Sitamarhi.
17. The Block Education Officer, Parsauni Block, Sitamarhi.
18. The Block Education Officer, Suppi Block, Sitamarhi.
19. The Block Education Officer, Bokhara Block, Sitamarhi.
... ... Appellant/s
Versus
1. Md. Ejaaz Kauser Khan S/o Md. Azfarul Kauser Khan R/o VillP.O.- Gauri,
P.S.- Nanpur, Dist- Sitamarhi.
2. Shahid Reza S/o Md. Abbas, R/o Vill P.O.- Mehsaul, P.S.-Runni Saidpur,
Dist.-Sitamarhi.
3. Md. Niyaj Ashraf S/o Md. Moin Ashraf, R/o Vill- Sahpur, PO- Awapur, P.S.-
Pupri, Dist- Sitamarhi.
4. Md. Zaki Haidar Khan S/o Md. Hasin Haidar Khan R/o Vill PO- Gauri, P.S.-
Nanpur, Dist- Sitamarhi.
5. Israt Khatoon S/o Md Atibul Khan R/o Vill PO- Runnisaidpur, P.S.-
Runnisaidpur, Dist- Sitamarhi.
6. Aabda Khatoon S/o Md. Mazharul Haqu, R/o Vill- Giddah Phulwariya, PO-
Suhai Gadh, P.S.- Runnisaidpur, Dist- Sitamarhi.
7. Md. Shakil Ahmad S/o Md. Sairul Hoda, R/o VillPO- Shirkhiriya, P.S.-
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Runnisaidpur, Dist- Sitamarhi.
8. Md. Afroj Khan, S/o Md. Jasim Khan, R/o VillPO- Bailgarh Mananpur Ward
01 P.S.- Runnisaidpur, Dist- Sitamarhi.
9. Md. Istayak Alam S/o Md. Zafirul Hasan R/o VillPO- Gaus Nagar, P.S.-
Runnisaidpur, Dist- Sitamarhi.
10. Sultana Praveen S/o Abdul Alam Ro VillPO- Rakshiya, P.S.- Runnisaidpur,
Dist- Sitamarhi.
11. Nazre Alam S/o Md. Amirul Haqe, R/o Vill- Giddah Phulwariya, P.O.- Suhai
Gadh, P.S.- Runnisaidpur, Dist- Sitamarhi.
12. Afira Zabin, S/o Ahmad Reza R/o Vill- Mauna, P.O.- Olipur, P.S.-
Runnisaidpur, Dist- Sitamarhi.
13. Md. Jugno S/o Abdul Mannn, R/o Vill- Nanpur North, P.O.- Nanpur, P.S.-
Nanpur, Dist- Sitamarhi.
14. Iftekhar Ahmad S/o Hasin Akhtar R/o Vill- Nanpur North, P.O.- Nanpur,
P.S.- Nanpur, Dist- Sitamarhi.
15. Baby Zahan, S/o Md. Ejaj Kausar Khan R/o VillPO- Gauri, P.S.- Nanpur,
Dist- Sitamarhi.
16. Nahida Tabbasum, S/o Taukir Alam R/o VillPO- Majhaur, P.S.- Nanpur,
Dist- Sitamarhi.
17. Ghazi Asadullah S/o Md Safir R/o VillPO- Gauri, P.S.- Nanpur, Dist-
Sitamarhi.
18. Zeba Khanam, S/o Israrul Haque R/o VillPO- Majhaur, P.S.- Nanpur, Dist-
Sitamarhi.
19. Imbesat Baano, S/o Md. Asif, R/o Vill- Bahurar, P.O.- Dadri, P.S.- Nanpur,
Dist- Sitamarhi.
20. Md. Asaduj Zama Khan S/o Masihuzama Khan R/o VillPO- Gauri, P.S.-
Nanpur, Dist- Sitamarhi.
21. Md. Ehsaan Elahi, S/o Md. Mohsin, R/o Vill- Lohaitha, PO- Dorpur, P.S.-
Nanpur, Dist- Sitamarhi.
22. Juli Khanam S/o Israrul Haqu Khan R/o VillPO- Majhaur, P.S.- Nanpur,
Dist- Sitamarhi.
23. Md. Nausad Alam S/o Md. Abdas R/o VillPO- Gauri, P.S.- Nanpur, Dist-
Sitamarhi.
24. Farzana Begum S/o Abdul Mannn R/o VillPO- Pandaul Buzurg, P.S.-
Nanpur, Dist- Sitamarhi.
25. Shahin Praveen, S/o Md. Akhtar, R/o VillPO- Dorpur, P.S.- Nanpur, Dist-
Sitamarhi.
26. Abdullah Khalid S/o Md. Halim R/o VillPO- Rasulganj Koili, P.S.- Nanpur,
Dist- Sitamarhi.
27. Md. Shakil S/o Md. Islam R/o VillPO- Dorpur, P.S.- Nanpur, Dist-
Sitamarhi.
28. Rehan Hasan Quadri S/o Naqui Ahmad R/o VillPO- Dorpur, P.S.- Nanpur,
Dist- Sitamarhi.
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29. Md. Maksood Alam S/o Md. Mansoor Alam R/o VillPO- Majhaur, P.S.-
Nanpur, Dist- Sitamarhi.
30. Qamre Ashiqe Khan, S/o Makruz Zama Khan R/o VillPO- Gauri, P.S.-
Nanpur, District- Sitamarhi.
31. Jeba Sahnaj, S/o Md. Abbas, R/o Ward- 09, Mehsaul Purvi, P.S.- Sitamarhi,
Dist- Sitamarhi.
32. Md. Gulam Gaus, S/o Md. Mahtab Khan R/o Ward- 09, Mehsarul Purvi, P.S.-
Sitamarhi, Dist- Sitamarhi.
33. Naazra Paikar S/o Mahfuz Khan R/o Mehsaul Purvi, P.S.- Sitamarhi, Dist-
Sitamarhi.
34. Sahina Praveen, S/o Amin Sarvar Khan R/o VillPO- Mehsaul Purvi, P.S.-
Sitamarhi, Dist- Sitamarhi.
35. Nayla Khatoon S/o Sabir Ahmad R/o VillPO- Bhabdehpur, P.S.Dist-
Sitamarh
36. Intekhab Hussain S/o Zakir Hussain R/o VillPO- Rajopatti, P.S.- Sitamarhi,
Dist- Sitamarhi.
37. Arshad Ali S/o md. Zamsaid Ali R/o Mehsaul, P.S.-Sitamarhi, Dist-
Sitamarhi.
38. Md. Hasim S/o Lal Mohammad, R/o Vill-Bastpur, PO-Amghatta, P.S.-
Dumra, Dist-Sitamarhi.
39. Nusrat Praveen, S/o Sabbir Alam Khan R/o VillPO- Rajopatti, P.S.-Sitamarhi, Dist-
Sitamarhi.
40. Samir S/o Md. Samim R/o VillPO- Mejarganj, P.S.- Mejarganj, Dist-
Sitamarhi.
41. Soni Khatoon S/o Md. Samim R/o VillPO- Mejarganj, P.S.- Mejarganj, Dist-
Sitamarhi.
42. Zanesar Alam S/o Md. Jahir Alam R/o Vill- Dhanhara, P.O.- Parsurampur,
P.S.- Parsauni, Dist- Sitamarhi.
43. Rizwana Khatoon S/o Md. Kamruddin R/o Vill- Dema, P.O.- Madanpur,
P.S.- Parsauni, Dist- Sitamarhi.
44. Sagufta Praveen S/o Md. Sagir R/o Vill- Dema, PO- Madanpur, P.S.-
Parsauni, Dist- Sitamarhi.
45. Md. Reyaj S/o Md. Rahmat Ali R/o Vill- Nagar Panchayat Belsand, P.S.-
Belsand, Dist- Sitamarhi.
46. Musrat Praveen S/o Md. Ahmad R/o Vill- Bariyarpur, P.O.- Kansaar, P.S.-
Belsand, Dist- Sitamarhi.
47. Sahimul Haqe S/o Zainil Haqe R/o Vill- Maula Nagar, P.O.- Pachnaur, P.S.-
Belsand, Dist- Sitamarhi.
48. Ozair Alam Rizvi S/o Md. Abbas R/o Nagar Panchayat Belsand, P.S.-
Belsand, Dist- Sitamarhi.
49. Md. Sharfe Alam S/o Md. Sabbir R/o VillPO- Banaul, P.S.- Nanpur, Dist-
Sitamarhi.
50. Praveen Zahan, S/o Md. Qamre Alam R/o VillPO- Banaul, P.S.- Nanpur,
Dist- Sitamarhi.
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51. Nazrana Khatoon S/o Md. Murtuza R/o VillPO- Ramnagra Gamhariya, P.S.-
Suppi, Dist- Sitamarhi.
52. Md. Anwar Alam S/o Mohibur Rahman R/ Vill-Mirzapur, P.O.-Madaripur,
P.S.-Bajpatti, Dist-Sitamarhi
53. Noor Zahan Praveen S/o Md. Ali Hussain Khan R/o VillPO- Bedaul, P.S.-
Pupri, Dist- Sitamarhi.
54. Kaushar Praveen S/o Md. Nasir Alam R/o VillPO- Belmohan Halim Tol,
P.S.- Pupri, Dist- Sitamarhi.
55. Md. Tazuddin Khan S/o Md. Waris Khan R/o Gramn Panchayat Janakpur
Road Rajbag, P.S.- Pupri, Dist- Sitamarhi.
56. Md. Arif Hussain S/o Md. Ansar, R/o Vill- Gangwara, P.O.- Pupri, P.S.-
Pupri, Dist- Sitamarhi.
57. Sama Rahman S/o Md. Habibur Rahman R/o VillPO- Balha Maksudanpur,
P.S.- Pupri, Dist- Sitamarhi.
58. Imteyaj Ahmad S/o Sadik Hussain R/o Vill- Maula Nagar, P.O.- Awapur,
P.S.- Pupri, Dist- Sitamarhi.
59. Md. Zahid Hussain S/o Md. Gulam Qadir, R/o Gramn. Panchayat Janakpur
Road, P.S.- Pupri, Dist- Sitamarhi.
60. Tanvir Jamal S/o Zahir Ahmad R/o Vill- Bel Mohan, P.O.- Pupri, P.S.- Pupri,
Dist- Sitamarhi.
61. Md. Wasi Ahmad S/o Sairul Hoda, R/o Vill- Belmohan Halimpur, P.O.-
Bazar Samiti, P.S.- Pupri, Dist- Sitamarhi.
62. Md. Javed S/o Md. Zahir Ahmad R/o Vill- Ahiyatol, P.O.- Awapur, P.S.-
Pupri, Dist- Sitamarhi.
63. Md. Faiyaj Ahmad S/o Md. Ziyaullah R/o Vill- Ahiyatol, P.O.- Awapur, P.S.-
Pupri, Dist- Sitamarhi.
64. Tarannum Begum S/o Md. Matin Ashraf R/o Vill- Sahpur, P.O.- Awapur,
P.S.- Pupri, Dist- Sitamarhi.
65. Md. Nasir Alam S/o Md. Shabbir Alam R/o Vill- Belmohan Halim Tol, P.O.-
Bazar Samiti, P.S.- Pupri, Dist- Sitamarhi.
66. Imran Khan S/o Md. Kasim Khan R/o Vill- Pupri, P.O.- Ratan Lakshmi,
P.S.- Pupri, Dist- Sitamarhi.
67. Md. Hakim Khan, S/o Md. Salim Khan R/o VillPO- Gangti, P.S.- Pupri,
Dist- Sitamarhi.
68. Md. Dastagir S/io Md. Zahir Zamal R/o Vill- Belmohan Halim Tol, P.O.-
Bazar Samiti, P.S.- Pupri, Dist- Sitamarhi.
69. Md. Sadik Hussain, S/o Md. Taslim R/o VillPO- Bacharpur, P.S.- Pupri,
Dist- Sitamarhi.
70. Sarifur Rahman S/o Md. Murshid Khan R/o Vill- Madpa, P.O.- Pipradadan,
P.S.- Kanhauli, Dist- Sitamarhi.
71. Md. Sanaullah Khan S/o Md. Gulcha Khan R/o Vill- Madpa, P.O.-
Pipradadan, P.S.- Kanhauli, Dist- Sitamarhi.
72. Kaushar Ali Khan S/o Md. Hussain Khan R/o Vill- Fatehpur, P.O.- Bhuthi,
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P.S.- Sonbarsa, Dist- Sitamarhi.
73. Md. Sajid Ali Khan S/o Md. Nasrullah Khan R/o Vill- Madpa, P.O.-
Pipradadan, P.S.- Kanhauli, Dist- Sitamarhi.
74. Md. Salim Raja, S/o Md. Mozibur Rahman Khan R/o Vill- Fatehpur, P.O.-
Bhuthi, P.S.- Sonbarsa, Dist- Sitamarhi.
75. Gulam Samdani S/o Md. Ayub R/o Vill- Baara, P.O.- Lahuriya, P.S.- Bela,
Dist- Sitamarhi.
76. Sahina Praveen S/o Md. Ansarul Haqe R/o Vill- Baara, P.O.- Lahuriya, P.S.-
Bela, Dist- Sitamarhi.
77. Md. Mustak, S/o Md. Anwarul Haqe R/o Vill- Baara, P.O.- Lahuriya, P.S.-
Bela, Dist- Sitamarhi.
78. Md. Noor Aein, S/o Md. Sibli R/o Vill- Betha, P.O.- Bethaa, P.S.- Bela, Dist-
Sitamarhi.
79. Aslam Jawed S/o Abdul Wadood R/o VillPO- Bhakurahar Ward 16 P.S.-
Bairganiya, Dist- Sitamarhi.
80. Md. Wazhul Qumar Khan S/o Md. Nurullah Khan Vill- Bhatuliya, P.O.- Bel,
P.S.- Bairganiya, Dist- Sitamarhi.
81. Aarfa Sadaf S/o md. Wazhul Qamar Khan Vill- Bhatuliya, P.O.- Bel, P.S.-
Bairganiya, Dist- Sitamarhi.
82. Hussna Bano S/o Md. Abrarul Haqe R/o VillP.O.- Bhakurahar, P.S.-
Bairganiya, Dist- Sitamarhi.
83. Md. Firoz Khan S/o Abdul Khan R/o VillP.O.- Bhakurahar Ward 15, P.S.-
Bairganiya, Dist- Sitamarhi.
84. Md. Zaffar Equbal S/o Md. Samsuddin R/o VillPO- Marpa Tahir, P.S.-
Bairganiya, Dist- Sitamarhi.
85. Md. Sadare Alam S/o Abdul Khalik R/o VillPO- Marpa Tahir, P.S.-
Bairganiya, Dist- Sitamarhi.
86. Md. Firdaus Alam Khan S/o Abdul Hafiz Khan R/o VillP.O.- Bhakurahar
Ward No 15, P.S.- Bairganiya, Dist- Sitamarhi.
87. Afrida Khanam, S/o Ejajul Khan R/o Vill- Joriyahi, P.O.- Bel, P.S.-
Bairganiya, Dist- Sitamarhi.
88. Shafquat Jahan S/o Md. Ali Hasnain , R/o VillP.O.- Bhakurahar Hospital
Road 15, P.S.- Bairganiya, Dist- Sitamarhi.
89. Md. Amjad Reza S/o Md. Abrarul Hasan R/o VillP.O.- Bath Asli, P.S.-
Nanpur, Dist- Sitamarhi.
90. Md. Naushad Alam S/o Md. Younus R/o VillP.O.- Bhakurahar Hospital Road
17, P.S.- Bairganiya, Dist- Sitamarhi.
91. Irfan Alam S/o Md. Badiuzzamma R/o Vill- Dema, P.O.- Madanpur, P.S.-
Parsauni, Dist- Sitamarhi.
92. Nuzhat Jahan S/o Md. Muzaffar Alam R/o VillPO- Raipur, P.S.- Nanpur,
Dist- Sitamarhi.
93. Md. Asraf Ali S/o Md. Abul Salam R/o Vill- Dema, P.O.- Madanpur, P.S.-
Parsauni, Dist- Sitamarhi.
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94. Anwari Begum S/o Md. Zafrul Islam R/o VillPO- Bacharpur, P.S.- Pupri,
Dist- Sitamarhi.R/o VillPO- Bacharpur, P.S.- Pupri, Dist- Sitamarhi.
95. Hasan Tauhid S/o Abdus Samad R/o VillPO-Garha, P.S.-Pupri, Dist-
Sitamarhi.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 735 of 2023
In
Civil Writ Jurisdiction Case No.15967 of 2018
======================================================
1. The State of Bihar through the Principal Secretary, Education Department,
Bihar, Patna.
2. The Director, Secondary Education, Education Department Government of
Bihar, Patna.
3. The District Magistrate. Madhepura.
4. The District Education Officer, Madhepura.
5. The District Programme Officer LITERACY, Madhepura.
6. The District Programme Officer Sarva Siksha Abhiyan, Madhepura.
7. The District Programme Officer Establishment, Madhepura.
8. The Block Education Officer, Madhepura.
... ... Appellant/s
Versus
1. Md. Sajad S/o Md. Eliyas, AT PO.- Sapardah, P.S.- Puraini, Distt.-
Madhepura.
2. Md. Sarik Anwar, S/o Md. Hasim At - Nardah Purab Tola, P.O. Naya Tola,
P.S.- Purain Madhepura.
3. Nargis Ara D/o Md. Mohid At Nardah Purab Tola, P.O.- Naya Tola, P.S.-
Puraini, Distt.- Madhepura.
4. Md. Khalique, S/o Kalimullah Md. At P.O.- Puraini, P.S.- Srinagar, VIA-
Kumarkhand, Distt.- Madhepura.
5. Md. Kalam S/o Md. Sayeed At P.O. - Puraini, VIA-Puraini, Distt.-
Madhepura.
6. Md. Firoz Alam, S/o Md. Ghayas Uddin At- Rahata, P.O.- Rahata Fanan,
VIA- Udakishunj, Distt.- Madhepura.
7. Md. Anisur Rahaman S/o Md. Idris, At - Pokhariya, P.O.- Ramnagar, P.S.-
Srinagar, Kumarkhand, Distt.- Madhepura.
8. Md. Habibur Rahman S/o Md. Motiur Rahman, At - Ujani Tola, P.O.- Rahta,
P.S.- Udakishunganj, Distt.- Madhepura.
9. Md. Rustam S/o Md. Ilyas, At - Jorawargunj, P.O.- Israyan Kala, VIA-
Kumarkhand, Distt.- Madhepura.
10. Najama Nasrin D/o Md. Mazaffar Ali, Ward NO. 11, Laheri Tola, Distt.-
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
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Madhepura.
11. Bibi Mushtarina Khatoon, D/o Md. Firoz Alam At- Puraini, P.O.- Purainim,
VIA- Kumarkhand, Distt.- Madhepura.
12. Arsadullah, S/o Abdur Raut AT- Puraini, P.O.- Puraini, VIA- Kumarkhand,
Distt.- Madhepura.
13. Md. Kamil S/o Md. Nisaruddin, At- Sarhad Gati, P.O.- Puraini, VIA-
Kumarkhand, Distt.- Madhepura.
14. Md. Asif Ali, S/o Md. Shafikuddin AT- Jhanjhari, P.O.- Jhanjhari, VIA-
Gwalpara, Distt.-Madhepura.
15. Abdul Kadir Rahmani S/o Md. Sabim At Rahta VIA- Udakishunj, Distt.-
Madhepura.
16. Yasmin Parween, D/o Md. Sayeedul Alam VIA- Nayanagar, Distt.-
Madhepura.
17. Md. Salman S/o Md. Dholan At P.O.- Simraha, VIA- Mathahi, Distt.-
Madhepura.
18. S/o Mohiuddin At Pithai, P.O.- Mathahi, VIA- Madhepura, Distt.-
Madhepura.
19. Rizwana Shahnaj, D/o Md. Manzoor Alam At- Pithahi, P.O.- Mathal, P.S.-
Madhepura, Distt.- Madhepura.
20. Rajda Khatoon, D/o Md. Almin At P.O.- Sukhasan, VIA- Shigheswar, Distt.-
Madhepura.
21. Israt Praveen, D/o Jawahar At P.O.- Sukhasan, VIA Shigheshwar, Distt.-
Madhepura.
22. Arshad Alam S/o Amirul Alam At P.O.- Yaduapatti, VIA, Kumarkhand,
Distt.- Madhepura.
23. Zafar Alam, S/o Anirul Alam At P.O.- Yaduapatti, VIA, Kumarkhand, Distt.-
Madhepura.
24. Rabia Khatoon, D/o Jamal Ahmad At P.O.- Yaduapatti, VIA, Kumarkhand,
Distt.- Madhepura.
25. Bibi Tabssum Begam, D/o Md. Zahid Hasan AT- Lalkuriya, P.O.
Mangawara, VIA Kumarkhand, Distt.- Madhepura.
26. Abdul Nakib S/o Ghayasuddin AT- Lalkuriya, P.O. Lalkuriya, VIA Srinagar,
Distt.- Madhepura.
27. Md. Kalam Azad S/o Md. Makbul At- Jhitkia, P.S.- Singheshwar VIA-
Singheshwar, Distt- Madhepura.
28. Bareek Alam S/o Md. H Moheed At Jhitkiya, P.O. VIA- Singheshwar, Distt.-
Madhepura.
29. Abduss Slam, S/o Md. Naeem Uddin At- Sukhasan, P.S.- Singheshwar VIA
Singheshwar, Distt.- Madhepura.
30. Md Asad Alam S/o Md. Moin At P.O. Puraini, P.S.- Srinagar, Distt.-
Madhepura.
31. Md. Sahzad Alam S/o Md. Salim At P.O.- Puraini, P.S.- Srinagar, Distt.-
Madhepura.
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
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... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 805 of 2022)
For the Appellant/s : Mrs. Binita Singh, SC 28
Mr. Nishant Kumar Jha, AC to SC 28
For the Respondent/s : Mr. Basant Kumar Chaudhary, Sr. Advocate
(In Letters Patent Appeal No. 735 of 2023)
For the Appellant/s : Ms. Binita Singh, SC 28
Mr. Nishant Kumar Jha, AC to SC 28
For the Respondent/s : Mr. Rajeev Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 25-06-2025
Pursuant to earlier orders Mr. Anil Kumar, Director,
Mass Education is present in the Court.
2. The appellants have assailed the order of the learned
Single Judge dated 27.07.2022 passed in CWJC No. 11447 of
2018. The State has evolved a scheme for providing upliftment of
students of minor community of age between 6 years to 10 years
known as Talimi Markaz. In the guise of implementation of the
scheme there is provision for appointment of one teacher at the
Markaz (elementary school) for 20 to 40 children and two
teachers for 40 to 100 children and three teachers for 100 above
children. Education was to be imparted to the children of the level
up to Class II. The Teacher was to be known as Sikshak
Swayamsevak (volunteer teachers). He or she was to be appointed
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
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from the extremely backward Muslim community (socially and
economically backward community from Muslim).
3. The respondents were initially appointed as
volunteers/teachers from the year 2009 to 2014 (Annexure 7 of
CWJC No. 11447 of 2018). Thereafter, the State has taken a policy
decision to the extent that respondents who were appointed as
volunteers/teachers in the light of the Scheme dated 26.11.2008
was not in accordance with scheme and law to the extent that they
do not fall under the definition of socially and economically
backward community, therefore, their services have been
dispensed, resultantly, they have approached this Court in filing
CWJC No. 11447 of 2018.
4. The learned Single Judge proceeded to allow the writ
petition on 27.07.2022 to the extent that respondents are entitled to
continue to hold the post of volunteers of Talimi Markaz. Learned
counsel appearing on behalf of the State/appellants submitted that
having regard to the fact that respondents do not fall under the
socially and economically backward community category has not
been considered by the learned Single Judge. In other words, spirit
of policy has not been apprised to the extent that respondents are
not entitled to have the benefit of selection and appointment as a
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
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volunteers/teachers. To that extent, learned Single Judge has
committed error.
5. The learned senior counsel for the respondents, Mr.
Basant Kumar Chaudhary, on instruction, submitted that there is
no infirmity in the order of the learned Single Judge dated
27.07.2022
as on the date of selection and appointment of the
contesting respondents the concerned authority has taken note of
the particulars of each of the respondents read with the policy
decision dated 26.11.2008 to the extent that they would fall under
the category of socially and economically backward community,
therefore, there is no substance in the argument of the learned
counsel for the State/appellants.
6. Heard learned counsel for the respective parties.
7. It is necessary to reproduce policy decision dated
26.11.2008 and it reads as under :
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fo”ks’krk;sa%
1- blesa d{kk 2 rd dh n{krk izR;sd cPps dks lqfuf”pr dh tk;sxhA
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
11/332- ejdt ds lHkh cPpksa dks nks o’kZ dh vof/k ds ckn lkekU; fo|ky; dh d{kk 3
esa ukekadu djk;k tk;sxkA
3- ejdt esa izR;sd 20 cPps ij ,d f”k{kd rFkk cPpksa dh la[;k 40 ;k mij gksus
dh fLFkfr esa nks f”k{kd rFkk 100 vFkok 100 ls mij gksus ij rhu f”k{kd gksaxsA
4-bl ejdt ds f”k{kd dks Lo;alsod ds uke ls tkuk tk;sxkA
5- Lo;alsod vkfFkZd rFkk lkekftd :i ls vR;ar fiNMs eqfLye leqnk; ls
izkFkfedrk ds vk/kkj ij lacaf/kr eqfLye Vksyk ls gh fy;s tk;saxsA
6- Lo;alsod dh U;wure ;ksX;rk eSfVªd gksxhA
7- Lo;alsod dks ekuns; ds :i esa 2000 :- izfrekg ns; gksxkA
8- ejdt dk lapkyu ,d lapkyu&lfefr ds }kjk gksxkA
9- ejdt esa ukekafdr izR;sd cPps dks ikB~;&iqLrd ,oa vU; f”k{kd vf/kxe
lkexzh miyC/k djkbZ tk;sxhA
10- ejdt ds fy, LFky dh O;oLFkk leqnk; ds rjQ ls dh tk;sxhA
11- ejdt ds lHkh cPpksa dks e/;kg~u Hkkstu ;kstuk ds vUrxZr e/;kg~u Hkkstu
lqfuf”pr fd;k tk;sxkA
12- e/;kg~u Hkkstu ds fy, cjru ds dz; gsrq jkf”k e/;kg~u Hkkstu ;kstuk ds
vUrxZr jkT; ljdkj ds }kjk miyC/k djk;h tk;sxhA
13- e/;kg~u Hkkstu rS;kj djus dk dk;Z ejdt ij ukekafdr cPpksa dh ekrkvksa dh
lfefr ^^ekrk lfefr^^ ds }kjk ;k muds ek/;e ls pqus x;s lnL;ksa ds }kjk fd;k
tk;sxkA
14- ejdt ds cPpksa dks mudh ekax ds vuqlkj ikB~;&iqLrd fgUnh ;k mnwZ esa
miyC/k djk;h tk;sxhA
rkfyeh ejdt lapkyu&lfefr
● ejdt&lapkyu O;ofLFkr ,oa lqpk: :i ls gks] blds fy;s ,d 8
lnL;h; lapkyu&lfefr dk xBu fd;k tk;sxkA
● lapkyu&lfefr dk xBu ladqy lalk/ku dsUnz leUo;d ds }kjk lqfuf”pr
fd;k tk;sxkA
● lapkyu&lfefr esa ukekafdr cPpksa ds ekrk&firk esa ls 5 lnL; pqus
tk;saxsA lapkyu&lfefr esa 5 lnL; dkSu ekrk&firk gksaxs bldk pquko ukekafdr
lHkh cPpksa ds ekrk&firk }kjk fd;k tk;sxkA utnhdh fo|ky; ds izk/kkuk/;kid
rFkk fo|ky; f”k{kk lfefr ds v/;{k ,oa lfpo Hkh lapkyu lfefr ds lnL; gksaxsA
● lapkyu&lfefr ds p;fur 8 lnL; vkil esa feydj v/;{k ,oa lfpo
dk pquko djsaxsA v/;{k ,oa lfpo gj gky esa lkekftd rFkk vkfFkZd :i ls vR;ar
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
12/33fiN+Ms eqfLye leqnk; ds cPpksa ds ekrk firk dks pquk tk, tks lapkyu lfefr ds
lnL; Hkh gksaxsA
100 cPpksa ij O;;
dz- Ekn izfr bdkbZ nj Okf'kZd O;; vH;qfDr
la-
1- f"k{kk Lo;alsod 3 2000:0@ekg@Lo;alsod 2000x12x3=72000 : 1543 :
0 0@
cPpk@o
2- f"k{kk Lo;alsod dk 70:0@ Lo;alsod@ fnu 70x15x3=3150 :0 'kZ
izf”k{k.k ¼vkoklh;½ dqy 15 fnuksa dk okf’kZd
3- f”k{k.k vf/kxe lkexzh 150:0@cPpk@o’kZ 150 x 100=15000 :0
4- f”k{k.k vf/kxe 3500:0@ o’kZ@ 25000 :0
midj.k vko”;drkuqlkj
5- dsUnz vkdfLedrk 1800:0@o’kZ 15000 :0
dqy ———————————— 130150 :0@o’kZcPpksa dks nh tkusokyh f”k{k.k vf/kxe lkexzh%
lsrq iBu&ikBu lkexzh] vH;kl&iqLrd] ikB~;&iqLrd ,oa vU; lgk;d
iqLrdsa&vf/kdre 80:0@cPpk@o’kZ
● uksV cqd &12 ,d ftLrk dk@o’kZA ● isafly &12 vnn@o’kZA
● jcj &6 vnn@o’kZA ● dVj &12 vnn@o’kZA
● LysV &4 vnn@o’kZA ● isafVax ckWDl & 2 vnn@o’kZA
● isafVax “khV & 12 vnn@ekgA
ejdt ij miyC/k djk;h tkusokyh lkexzh%
1- “;keiV~VA
2- lHkh cPpksa dks cSBus ds fy;s leqfpr ek=k esa VkV&iV~VhA
3- [kYyh] MLVj vko”;drkuqlkjA
4- ihus ds ikuh dh lkexzh ;Fkk&ckYVh] tx] fxykl vkfnA
5- ejdt dh lkexzh dks j[kus ds fy;s cDlkA
6- cPpksa dks [ksyus ds fy, vko”;d lkexzh tks LFky ij miyC/k [ksy ds LFkku
dh miyC/krk ds vuq:i dh tk;sxhA
7- lsrq dk;Zdze ds fy, rS;kj fd;s gq, iBu&ikBu lkexzh izR;sd cPpksa ds fy,
miyC/k djokukA
8- izR;sd 5 cPpksa ds lewg ij ,d v{kj&dkMZ] ckjg[kM+h dkMZ] vad vkSj
la[;k&dkMZA
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
13/339- cPpksa ds v/;;u&v/;kiu ls lacaf/kr vU; lkexzh tks lapkyu&lfefr vko”;d
le>sxhA
● lkexzh dk dz; ejdt lapkyu&lfefr ds }kjk fd;k tk;sxkA cPpksa dks
fn;s tkusokyh lkekxzh ;fn f”k{kk vf/kxe lkexzh en esa fu/kkZfjr jkf”k ls iwjh ugha
gksxh rks dsUnz vkdfLedrk en rFkk f”k{k.k vf/kxe midj.k en ls mldh iwfrZ dh
tk;sxhA
● izR;sd ejdt ij ,d LVkWd&iath la/kkfjr gksxh ftlesa dsUnz ,oa cPpksa ds
fy;s dz; dh x;h lkexzh mlds ewY; ds lkFk la/kkfjr fd;k tk;sxkA izR;sd dsUnz
ij ,d forj.k&iath Hkh la/kkfjr dh tk;sxh ftl cPpksa ds fy;s forfjr dh x;h
lkexzh dks cPpksa ds uke ds lkFk la/kkfjr fd;k tk;sxkA LVkWd&iath rFkk
forj.k&iath dks la/kkfjr djus dk dk;Z ejdt ds lokZf/kd ;ksX;rk/kkjh f”k{kk
Lo;alsod ds }kjk fd;k tk;sxkA Lo;alsodksa dh ;ksX;rk ,d leku gksus dh fLFkfr
esa lapkyu&lfefr }kjk fdlh ,d f”k{kk Lo;alsod dks bl dk;Z ds fy;s izkf/kd`r
fd;k tk;sxkA”
8. Reservation in appointment / promotion to a public
post based solely on religion is not permissible under the
Constitution. While constitution allows that reservation for
socially and educationally backward classes, it explicitly prohibits
discrimination based on religion in matters of public employment.
This is enshrined under Article 14 and 16 of the Constitution,
which emphasizes equality of opportunity and prohibit
discrimination based on religion, race, caste, sex, descent, place of
birth, or residence. Article 15 and 16 of the Constitution are key in
this context. Article 16 (2) specifically prohibits discrimination in
public employment based on religion. Article 16 (4) allows the
State to make provisions for reservation for appointments or posts
in favour of any backward classes of citizens which, in the opinion
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
14/33
of the State, is not adequately represented in services under the
State. In fact, Hon’ble Supreme Court has emphasized that
reservation to the post of socially and economically backward
class rather than solely based on religion. The focus is on
identifying and addressing the backward classes of communities,
not their religious identity.
9. In an identical matter, in the case of appointment of
village Chaukidar (village watchmen) in the State of Bihar, the
practice is to provide village Chaukidar post to his/her kith and kin
which was deprecated in the case of Devmuni Paswan vs. The
State of Bihar and Others in LPA No. 508 of 2022. It was subject
matter of litigation before the Hon’ble Supreme Court in the case
of Bihar Rajya Dafadar Chaukidar Panchayat (Magadh
Division) vs. State of Bihar and Others in SLP (C) No. 18983 of
2023. Decision in Devmuni Paswan (cited supra) has been upheld
insofar as not adhering to various principles relating to filling up
of public post to the extent in not following the constitutional
provisions like Article 14 and 16 of the constitution read with
Article 309 of the constitution. The Hon’ble Supreme Court also
held that writ courts can suo moto strike down Sub-ordinate
legislation which violates fundamental right enshrined in the
constitution, rendering it void and unconstitutional. The Supreme
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
15/33
Court has affirmed that writ courts possess the power to initiate
proceedings (suo moto) and intervene when government decisions
violate constitutional provisions, particularly fundamental rights.
This means that a court can act on its own initiative, without a
formal request, to examine and potentially nullify government
actions deemed unconstitutional.
10. The State is providing consolidated fund for the
purpose of implementation of the policy decision dated 26.11.2008
insofar as appointment of volunteers/teachers. To implement the
aforementioned scheme they have restricted selection and
appointment to only Muslim community persons read with socially
and economically backward category. The post of
volunteers/teachers of Markaz is a public post and it cannot be
restricted to the persons of a particular community.
11. Reservations in India: Addressing Socio-
Economic Disparities Without Religious Bias : The topic of
reservations based on religion in India raises significant
constitutional and legal debates. The Indian Constitution,
particularly Articles 14, 15, and 16, outlines the framework for
equality, non-discrimination, and equal opportunity, respectively.
Here’s a breakdown of how reservations solely on the basis of
religion may conflict with these constitutional articles :
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
16/33Article 14 – This article guarantees “equality before the
law” and “the equal protection of the laws” to all persons within
Indian territory. Affirmative action and social justice are covered
by “the equal protection of the laws”. Reservation policies based
solely on religion could be seen as a violation of this principle if
they create unreasonable, arbitrary and unjust distinctions or
promote inequality among citizens.
Article 15 – It prohibits discrimination on grounds of
religion, race, caste, sex, or place of birth. This article allows for
special provisions for Scs, Sts, socially and educationally
backward classes, children , women and EWS. Using religion as
the sole criterion for reservation contradicts the general
prohibition of discrimination based on religion.
Article 16 – It ensures equality of opportunity in matters
of public employment and prohibits discrimination on grounds
only of religion, race, caste, sex, descent, place of birth, residence,
or any of them. Article 16(4) does permit the state to make any
provision for the reservation of appointments or posts in favor of
Scs, Sts, OBCs, sons of soil and EWS who in the opinion of the
state, are not adequately represented in the services under the
state. However, defining “backward class” solely by religious
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
17/33identity without consideration of social and educational
backwardness may not align with the spirit of Article16.
Social Justice and Secularism – The principle of
secularism is enshrined in the preamble and various provisions of
the Indian Constitution, indicating that the state should maintain
impartiality in matters of religion. Reservation based on religion
might be perceived as a deviation from secular principles,
potentially leading to communal divisions rather than uniting the
nation under the banners of social justice and equality.
Judicial Interpretations – The courts in India have
occasionally addressed the issue of religious-based reservations.
The judiciary has typically held that reservations should be
provided to uplift the socially and educationally backward classes,
and while religion can be a marker in this identification, it should
not be the sole criterion. This view supports the concept that the
state must balance the need for upliftment while ensuring that the
measures do not undermine the constitutional mandates of
equality and secularism. These principles guide the ongoing
discussions and legal battles over reservation policies in India,
emphasizing the need for a nuanced approach that adheres to
constitutional values while addressing the realities of social and
educational disparities.
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
18/33Article 46 of the Indian Constitution is a directive
principle of state policy that deals with the promotion of
educational and economic interests of Scheduled Castes,
Scheduled Tribes, and other weaker sections of society. It
encourages the State to protect these groups from social injustice
and all forms of exploitation. Religion can not be the basis for the
definition of weaker sections.
Criteria for Reservation : The reservation system is
designed to address historical injustices and provide equal
opportunities to those who have been socially and economically
marginalized. The basis for reservations is multifaceted, reflecting
a broad attempt to level the playing field across several
dimensions of disadvantage. Here’s a breakdown of the criteria
used for reservations:
Basis for Reservation
Caste: Reservations for Scheduled Castes (SCs) and
Scheduled Tribes (STs) are the most longstanding forms of
affirmative action in India. These groups have faced historical
oppression and exclusion, and the reservation is intended to help
them participate more fully in educational, economic, and political
life.
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
19/33Tribe: Similar to caste-based reservations, tribal
communities recognized as Scheduled Tribes are provided
reservations. These communities are generally isolated and have
had little access to education and economic opportunities.
Socio-Educational and Economic Backwardness:
Other Backward Classes (OBCs), a diverse collection of
communities that are educationally and socially disadvantaged but
are not as acutely disadvantaged and so do not qualify as SC or
ST, also receive reservations. This category is broad and
encompasses a large percentage of the population. They cut across
all religions. (Art.15 and 16)
Region (in appointments): In certain cases, especially
in government appointments, region-based reservations exist to
ensure that local populations receive appropriate representation
and opportunities, particularly in areas that might be
underdeveloped or have specific administrative needs. It is called
sons of soil(Art.16)
Gender: Reservations or quotas for women in
educational institutions, local government bodies (like Panchayati
Raj Institutions), and certain jobs aim to address gender disparities
and empower women.(Art.15)
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
20/33Economic Weakness: The Economically Weaker
Sections (EWS) of society, irrespective of their caste or religious
background, are also eligible for reservations in educational
institutions and government jobs. This category was recently
introduced to help those who are economically disadvantaged but
do not fall into the existing reserved categories.(Art.15 and 16)-
103 Constitutional Amendment Act 2019.
Religion as a Basis for Reservation : Religion, by
itself, is not a constitutionally recognized basis for reservations in
India. The Indian Constitution promotes secularism and prohibits
discrimination based on religion (Article 15). Therefore,
reservations based solely on religious identity are generally not
permissible. However, members of religious groups that are socio-
economically disadvantaged can still fall under other reservation
categories if they meet the criteria, such as being part of the OBCs
or EWS. Additionally, specific measures like scholarships or
welfare programs targeted at religious minorities (e.g., Muslims,
Christians, Sikhs, Buddhists, Jains, and Parsis) are implemented
not as reservations but as part of minority welfare initiatives
intended to uplift socio-economically backward sections within
these communities.
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
21/33
The reservation policy in India, thus, remains a complex
system designed to rectify historical injustices across various
dimensions while striving to maintain the secular and inclusive
fabric of the nation as mandated by the Constitution.
Muslims and Reservation : The issue of reservations
for Muslims primarily hinges on socio-economic criteria rather
than religious identity, in line with constitutional mandates to
ensure equality and non-discrimination.
Social and Economic Backwardness: Reservations for
Muslims are not based on religion but on socio-economic
indicators of backwardness. This is in compliance with the
constitutional framework that prohibits discrimination solely based
on religion. The National Commission for Backward Classes
(NCBC) and various state commissions assess communities based
on social, educational, and economic indicators to determine
eligibility for reservation.
Sachar Committee Report: The 2006 Sachar
Committee report significantly highlighted the socio-economic
disadvantages faced by the Muslim community in India. It
provided empirical data showing that Muslims, on average, lag
behind other communities in terms of educational attainments,
economic status, and representation in public employment. This
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
22/33
report has informed policies regarding the inclusion of Muslim
communities in the OBC lists where applicable.
Reservations in States:
Kerala: Provides OBC reservations for the entire
Muslim community, recognizing widespread socio-economic
backwardness among them.
Tamil Nadu: Nearly 95% of Muslim communities are
included under the state’s OBC reservation, acknowledging their
socio-economic challenges.
Bihar: Has bifurcated OBCs into Backward and Most
Backward Classes, with most Muslim communities falling under
the Most Backward category, reflecting greater socio-economic
disadvantages.
Karnataka: Carves out a specific sub-category for
Muslims within the OBC reservation, ensuring that Muslims
receive a fair share based on their socio-economic status.
The landmark Indra Sawhney case (1992) or the Mandal
Commission case provided judicial backing for categorizing
backward classes into sub-categories such as backward, more
backward, and most backward. This categorization allows for a
more nuanced approach to reservations, ensuring that the benefits
reach those who need them most. The decision underlines that
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
23/33reservations should be based on social and educational
backwardness, not on religion.
Economic Weaker Sections (EWS): Recently, the
introduction of reservations for Economically Weaker Sections
among the general category is another effort to address economic
backwardness irrespective of caste, religion, or other social
indicators. This category aims to help those who are economically
disadvantaged but do not qualify under traditional reservation
categories.
Religious Basis for Reservations: Muslims, as a
religious group, do not receive reservations based solely on
religion, as the Constitution prohibits reservations based on
religion.
Scheduled Caste (SC) Reservations:
SC reservations are confined to religions that are
considered part of the Hindu social order, which includes Hindus,
Buddhists, Sikhs, and Jains.
Muslims and Christians are excluded from SC
reservations because they do not fall within this Hindu social order
framework.
Scheduled Tribes (ST) Reservations:
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
24/33ST reservations are available across all religions,
acknowledging tribal communities within various religious groups.
Muslim STs are rare but are eligible for ST reservations if they
belong to recognized tribal communities.
Other Backward Classes (OBC) Reservations:
Many Muslims qualify for OBC (Socially and Educationally
Backward Classes, SEBC) reservations due to socio-economic
conditions linked to traditional occupations or demonstrated
backwardness in certain regions.
Inclusion in OBC lists is based on socio-economic
criteria rather than religious identity.
Economically Weaker Sections (EWS) Reservations:
The EWS reservation is open to individuals from all religions,
including Muslims, who do not belong to SC, ST, or OBC
categories and whose family income falls below a specified
threshold.
This category aims to provide opportunities based on
economic need without considering the applicant’s caste or
religion. Reservations for Muslims in various states of India
demonstrate a commitment to addressing socio-economic
disparities through affirmative action within the framework of the
Constitution. It is essential to understand that these reservations
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
25/33are accorded on the grounds of demonstrated backwardness in
specific communities, not religious identity. This approach aligns
with constitutional principles of equality, non-discrimination, and
social justice, aiming to uplift economically and educationally
disadvantaged groups across the nation.
12. In the light of the aforementioned reasoning,
principles laid down by the Hon’ble Supreme Court decision in the
case of Renu and Others vs. District And Sessions Judge, Tis
Hazari Courts, Delhi and Another reported in (2014) 14 SCC 50
in para Nos. 6 to 14 and 16, it is held as under
“6. Article 14 of the Constitution provides
for equality of opportunity. It forms the cornerstone of
our Constitution.
7. In I.R. Coelho v. State of T.N. [(2007) 2
SCC 1 : AIR 2007 SC 861] , the doctrine of basic
features has been explained by this Court as under :
(SCC p. 108, para 141)
“141. The doctrine of basic
structure contemplates that there are certain
parts or aspects of the Constitution including
Article 15, Article 21 read with Articles 14 and
19 which constitute the core values which if
allowed to be abrogated would change
completely the nature of the Constitution.
Exclusion of fundamental rights would result in
nullification of the basic structure doctrine, the
object of which is to protect basic features of
the Constitution as indicated by the synoptic
view of the rights in Part III.
8. As Article 14 is an integral part of our
system, each and every State action is to be tested on
the touchstone of equality. Any appointment made in
violation of mandate of Articles 14 and 16 of the
Constitution is not only irregular but also illegal and
cannot be sustained in view of the judgments rendered
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
26/33
by this Court in Delhi Development Horticulture
Employees’ Union v. Delhi Admn. , State of Haryana v.
Piara Singh , Prabhat Kumar Sharma v. State of U.P. ,
J.A.S. Inter College v. State of U.P. , M.P. Housing
Board v. Manoj Shrivastava , M.P. State Agro
Industries Development Corpn. Ltd. v. S.C. Pandey
and State of M.P. v. Sandhya Tomar.
9. In Excise Supt. v. K.B.N. Visweshwara
Rao , a larger Bench of this Court reconsidered its
earlier judgment in Union of India v. N. Hargopal ,
wherein it had been held that insistence on recruitment
through employment exchanges advances rather than
restricts the rights guaranteed by Articles 14 and 16 of
the Constitution. However, due to the possibility of
non-sponsoring of names by the employment
exchange, this Court held that any appointment even
on temporary or ad hoc basis without inviting
application is in violation of the said provisions of the
Constitution and even if the names of candidates are
requisitioned from employment exchange, in addition
thereto, it is mandatory on the part of the employer to
invite applications from all eligible candidates from
open market as merely calling the names from the
employment exchange does not meet the requirement
of the said articles of the Constitution. The Court
further observed : (K.B.N. Visweshwara Rao case ,
SCC p. 218 para 6)
“6. … In addition, the appropriate
department … should call for the names by
publication in the newspapers having wider
circulation and also display on their office
notice … and employment news bulletins; and
then consider the cases of all candidates who
have applied. If this procedure is adopted, fair
play would be subserved. The equality of
opportunity in the matter of employment would
be available to all eligible candidates.”
10. In Suresh Kumar v. State of Haryana,
this Court upheld the judgment of the Punjab and
Haryana High Court wherein 1600 appointments
made in the Police Department without advertisement
stood quashed though the Punjab Police Rules, 1934
did not provide for such a course. The High Court
reached the conclusion that process of selection stood
vitiated because there was no advertisement and due
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
27/33
publicity for inviting applications from the eligible
candidates at large.
11. In UPSC v. Girish Jayanti Lal
Vaghela , this Court held : (SCC p. 490, para 12)
“12. … The appointment to any
post under the State can only be made after a
proper advertisement has been made inviting
applications from eligible candidates and
holding of selection by a body of experts or a
specially constituted committee whose
members are fair and impartial, through a
written examination or interview or some other
rational criteria for judging the inter se merit
of candidates who have applied in response to
the advertisement made … Any regular
appointment made on a post under the State or
Union without issuing advertisement inviting
applications from eligible candidates and
without holding a proper selection where all
eligible candidates get a fair chance to
compete would violate the guarantee enshrined
under Article 16 of the Constitution.”
12. The principles to be adopted in the
matter of public appointments have been formulated
by this Court in M.P. State Coop. Bank Ltd. v.
Nanuram Yadav as under : (SCC pp. 274-75, para 24)
“(1) The appointments made
without following the appropriate procedure
under the rules/government circulars and
without advertisement or inviting applications
from the open market would amount to breach
of Articles 14 and 16 of the Constitution of
India.
(2) Regularisation cannot be a
mode of appointment.
(3) An appointment made in
violation of the mandatory provisions of the
statute and in particular, ignoring the minimum
educational qualification and other essential
qualification would be wholly illegal. Such
illegality cannot be cured by taking recourse to
regularisation.
(4) Those who come by back door
should go through that door.
Patna High Court L.P.A No.805 of 2022 dt.25-06-2025
28/33
(5) No regularisation is permissible
in exercise of the statutory power conferred
under Article 162 of the Constitution of India if
the appointments have been made in
contravention of the statutory rules.
(6) The court should not exercise
its jurisdiction on misplaced sympathy.
(7) If the mischief played is so
widespread and all pervasive, affecting the
result, so as to make it difficult to pick out the
persons who have been unlawfully benefited or
wrongfully deprived of their selection, it will
neither be possible nor necessary to issue
individual show-cause notice to each selectee.
The only way out would be to cancel the whole
selection.
(8) When the entire selection is
stinking, conceived in fraud and delivered in
deceit, individual innocence has no place and
the entire selection has to be set aside.
13. A similar view has been reiterated by
the Constitution Bench of this Court in State of
Karnataka v. Umadevi (3) observing that any
appointment made in violation of the statutory rules as
also in violation of Articles 14 and 16 of the
Constitution would be a nullity. “Adherence to Articles
14 and 16 of the Constitution is a must in the process
of public employment.” The Court further rejected the
prayer that ad hoc appointees working for long be
considered for regularisation as such a course only
encourages the State to flout its own rules and would
confer undue benefits on some at the cost of many
waiting to compete.
14. In State of Orissa v. Mamata Mohanty,
this Court dealt with the constitutional principle of
providing equality of opportunity to all which
mandatorily requires that vacancy must be notified in
advance meaning thereby that information of the
recruitment must be disseminated in a reasonable
manner in public domain ensuring maximum
participation of all eligible candidates, thereby the
right of equal opportunity is effectuated. The Court
held as under : (SCC p. 452, para 36)
“36. Therefore, it is a settled legal
proposition that no person can be appointed
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even on a temporary or ad hoc basis without
inviting applications from all eligible
candidates. If any appointment is made by
merely inviting names from the employment
exchange or putting a note on the noticeboard,
etc. that will not meet the requirement of
Articles 14 and 16 of the Constitution. Such a
course violates the mandates of Articles 14 and
16 of the Constitution of India as it deprives
the candidates who are eligible for the post,
from being considered. A person employed in
violation of these provisions is not entitled to
any relief including salary. For a valid and
legal appointment mandatory compliance with
the said constitutional requirement is to be
fulfilled. The equality clause enshrined in
Article 16 requires that every such appointment
be made by an open advertisement as to enable
all eligible persons to compete on merit.”
16. Another important requirement of
public appointment is that of transparency. Therefore,
the advertisement must specify the number of posts
available for selection and recruitment. The
qualifications and other eligibility criteria for such
posts should be explicitly provided and the schedule of
recruitment process should be published with certainty
and clarity. The advertisement should also specify the
rules under which the selection is to be made and in
absence of the rules, the procedure under which the
selection is likely to be undertaken. This is necessary
to prevent arbitrariness and to avoid change of
criteria of selection after the selection process is
commenced, thereby unjustly benefiting someone at
the cost of others.”
13. Thereafter, in yet another decision of the Hon’ble
Supreme Court in the case of Amrit Yadav vs. The State of
Jharkhand and Ors. in Civil Appeal No(s). 13950-13951 of 2024
it is held that public posts are required to be filled up only after
due adhering to the constitutional provision like Articles 14 and 16
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read with Article 309 of the constitution if it is a government
servant post. In the light of these facts and circumstances, order of
the learned Single Judge dated 27.07.2022 passed in CWJC 11447
of 2018 stands modified to the above effect.
14. In the case of Anjum Kadari vs. Union of India and
Others, reported in (2025) 5 SCC 53, paragraph Nos. 39 and 40, it
is held as under :
“39. Articles 14, 15, and 16 mandate the
State to treat all people equally irrespective of their
religion, faith, or belief. [S.R. Bommai case, (1994)
3 SCC 1, para 304 : (1994) 2 SCR 644, (B.P. Jeevan
Reddy, J.)] Article 14 provides that the State shall
not deny to any person equality before the law or
equal protection of laws within the territory of India.
Article 15 provides that the State shall not
discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of
them. Article 16 mandates that there shall be
equality of opportunity for all citizens in matters
relating to public employment or appointment to any
office under the State. Article 16(2) further provides
that no citizen shall be discriminated against in
respect of any employment or office under the State
on the grounds of religion, race, caste, sex, descent,
place of birth, residence, or any of them.
40. Secularism is one of the facets of the
right to equality. [M. Ismail Faruqui v. Union of
India, (1994) 6 SCC 360, para 37] The equality
code outlined in Articles 14, 15, and 16 is based on
the principle that all persons, irrespective of their
religion, should have equal access to participate in
society. The State cannot give preference to persons
belonging to a particular religion in matters of
public employment. As a corollary, the equality code
prohibits the State from mixing religion with any
secular activity of the State. [S.R. Bommai v. Union
of India, (1994) 3 SCC 1, p. 146, para 148 : (1994)
2 SCR 644, (Sawant, J.)”148. One thing which
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secularism under our Constitution is that whatever
the attitude of the State towards the religions,
religious sects and denominations, religion cannot
be mixed with any secular activity of the State. In
fact, the encroachment of religion into secular
activities is strictly prohibited.”] However, the
Constitution recognises that equal treatment of
persons is illusionary unless the State takes active
steps in that regard. Therefore, the equality code
imposes certain positive obligations on the State to
provide equal treatment to all persons irrespective
of their religion, faith, or beliefs. [S.R. Bommai
case, (1994) 3 SCC 1, p. 33, para 304 : (1994) 2
SCR 644, (B.P. Jeevan Reddy, J.)”304. … Articles
14, 15 and 16 enjoin upon the State to treat all its
people equally irrespective of their religion, caste,
faith or belief. While the citizens of this country are
free to profess, practise and propagate such religion,
faith or belief as they choose, so far as the State is
concerned i.e. from the point of view of the State, the
religion, faith or belief of a person is immaterial. To
it, all are equal and all are entitled to be treated
equally. How is this equal treatment possible, if the
State were to prefer or promote a particular
religion, race or caste, which necessarily means a
less favourable treatment of all other religions,
races and castes. How are the constitutional
promises of social justice, liberty of belief, faith or
worship and equality of status and of opportunity to
be attained unless the State eschews the religion,
faith or belief of a person from its consideration
altogether while dealing with him, his rights, his
duties and his entitlements? Secularism is thus more
than a passive attitude of religious tolerance. It is a
positive concept of equal treatment of all religions.
This attitude is described by some as one of
neutrality towards religion or as one of benevolent
neutrality. This may be a concept evolved by western
liberal thought or it may be, as some say, an abiding
faith with the Indian people at all points of time.”
15. Article 14 and 16 of the Constitution is attracted in
the event of public posts is to be filled up, therefore, it would go to
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the root of the matter insofar as policy decision restricting the
selection and appointment to the post of volunteers/teachers of
Markaz and reserving only to a particular community. Therefore,
the policy decision of the State is not in consonance with Article
14 and 16 of the Constitution. In the absence of any constitutional
provisions restricting to fill up public posts to a particular
community, the policy decision dated 26.11.2008 is not in
accordance with the scheme of constitution, therefore, we have to
invoke Article 226 of the Constitution to strike down the policy
decision dated 26.11.2008. Accordingly, policy decision dated
26.11.2008 stands set aside. Consequently appointment of
respondents are set aside, reserving liberty to the State/appellants
to formulate a policy in consonance with Article 14 and 16 of the
Constitution. In evolving a new policy of the State and it must be
in consonance with Article 14 and 16 of the constitution, such of
those appointees to the post of volunteers/teachers in terms of
policy dated 26.11.2008 shall not be displaced until fresh process
of selection and appointment is undertaken with reference to new
policy to be introduced by the State.
16. At this stage, learned counsel for the
State/appellants, on instruction, submitted that the State has
evolved a new policy and they may be permitted to implement the
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new policy. They are permitted to implement the new policy
provided it is in consonance with Articles 14 and 16 of the
Constitution read with principles laid down in the aforementioned
judicial pronouncements.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
GAURAV S./-
AFR/NAFR AFR CAV DATE Uploading Date 04.07.2025 Transmission Date