Simplified Explanation of the Judgment

In a recent decision dated 20 November 2024, the Patna High Court considered whether it could compel the Government of Bihar to increase the retirement age of pharmacy teachers in a government institute from 65 to 67 years. The petition was filed by the Bihar Pradesh Pharmacy Teachers’ Association and its President. They argued that the pharmacy education sector, having been included under “Medical Education” by a 1993 amendment, should be treated on par with other medical service professionals whose retirement age has already been extended to 67 years.

The association cited several government notifications where retirement ages for various medical professionals—such as doctors under the Bihar Health Services and Bihar Medical Education Service, Ayush teachers, and others—had been increased from 65 to 67 years. They also highlighted a statement made by the Joint Secretary of the Health Department in the State Legislature, noting that the government was considering a similar retirement age extension for pharmacy teachers.

Despite these arguments, the State Government opposed the petition, asserting that altering retirement age is a matter of policy, not a legal right. The government contended that such changes require formal amendments to the Bihar Service Code, which is under its purview.

After reviewing the facts and legal position, the Hon’ble Patna High Court ruled that it cannot issue a directive compelling the State Government to amend its rules. Such a direction would overstep the judiciary’s constitutional powers under Article 226, which limits courts from interfering in matters of policy or legislative discretion.

While dismissing the petition, the Court made it clear that the government is free to consider increasing the retirement age for pharmacy teachers, similar to what has been done for others in the health sector, particularly in light of the legislative statement already made. The judgment therefore does not close the door on future action but leaves the decision entirely to the discretion of the government.

Significance or Implication of the Judgment

This judgment reaffirms the principle that courts cannot interfere with policy decisions unless they are arbitrary, discriminatory, or in violation of constitutional provisions. For government employees and associations seeking parity in retirement benefits, this case underscores the need for policy advocacy through legislative and executive channels rather than through litigation alone.

For the Government of Bihar, the judgment provides judicial validation of its discretion in service matters. However, it also brings public attention to the apparent inconsistency in retirement age norms within the health education sector, possibly prompting further review.

Legal Issue(s) Decided and the Court’s Decision

• Issue: Whether the High Court can direct the State Government to increase the retirement age of pharmacy teachers from 65 to 67 years.
  • Decision: No. Such a direction would require a policy change and an amendment to the Bihar Service Code, which is beyond the court’s jurisdiction under Article 226.
• Issue: Whether pharmacy teachers should be treated at par with other medical education professionals who have received a retirement age extension.
  • Decision: The court acknowledged the parity issue but left the matter for the State Government to consider in its discretion.

Case Title

Bihar Pradesh Pharmacy Teachers’ Association & Anr. vs. State of Bihar & Ors.

Case Number

Civil Writ Jurisdiction Case No. 8800 of 2016

Citation(s)- 2025 (1) PLJR 73

Coram and Names of Judges

Hon’ble Mr. Justice Nani Tagia

Names of Advocates and who they appeared for

• For the Petitioners: Mr. Rajendra Narain (Sr. Advocate), Ms. Anju Kumari, Ms. Annapurna Sinha, Mr. Anant Kumar Sinha
• For the Respondents: Mr. Shudhanshu Bhushan, AC to GP-7

Link to Judgment

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