Disposed¶27

Nikhil Kumar v. The State of Bihar

Patna HC13 Jan 2026CWJC/13108/2025

Case brief

AI extract

What is this about?

Patna High Court; CWJC No.13108 of 2025 (decided 13-01-2026); Harish Kumar, J; teacher allocation/posting to Banka District from Bhojpur; preferential district option ignored; physically handicapped petitioner; transfer/posting guidelines; memo no. 1837 dated 01.07.2025; Director, Primary Education, Bihar; BPSC; joining under protest; liberty to file objections; disposed in similar terms with C.W.J.C. No. 11252 of 2025 dated 30.08.2025 (para-49 model-framing direction to ACS, Education Department).

What did the court decide?

Writ petition disposed of in similar terms with the decision dated 30.08.2025 in C.W.J.C. No. 11252 of 2025 along with other analogous cases; petitioner and similarly placed teachers who joined under protest left at liberty to submit objections under that order. ¶27

Nikhil Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the petitioner's allocation/posting to Banka District, effected by ignoring his preferential option, his physical handicap and the guidelines for transfer/posting, is sustainable. +1 more

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Court's answer

Since the identical issue has been given a quietus by the decision dated 30.08.2025 in C.W.J.C. No. 11252 of 2025 along with other analogous cases, the present writ petition stands disposed of in similar terms with that decision.

¶27

Ratio / Principle

Teachers who submitted their joining under protest are in no way deprived of filing objections; they are at liberty to submit objections in the light of the order passed in C.W.J.C. No.11252 of 2025 along with other analogous cases.

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Detailed headnote1 paragraphs

Allocation/posting of a physically handicapped teacher to Banka District from Bhojpur, allegedly ignoring his preferential option and the transfer/posting guidelines, challenged via memo no. 1837 dated 01.07.2025 of the Director, Primary Education, Bihar. The identical issue had already been disposed of by this Court on 30.08.2025 in C.W.J.C. No.11252 of 2025 along with other analogous cases, wherein para-49 directed the Additional Chief Secretary, Education Department to convene a meeting with the Director, Secondary Education and the Director, Primary Education to frame a model for redressal of grievances of allocation after inviting objections. Held: (i) teachers who submitted joining under protest beyond their preferential option(s) are not deprived of filing objections and may do so in the light of that order; (ii) the present petition stands disposed of in similar terms with the decision dated 30.08.2025 in C.W.J.C. No. 11252 of 2025 along with other analogous cases. (Harish Kumar, J)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13108 of 2025

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Nikhil Kumar Son of Sri Ashok Singh, Resident of Village- Ahpura, P.O.Sandesh, P.S.- Sandesh, District- Bhojpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

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The Director, Primary Education, Department of Education, Government of Bihar, Patna.

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The Bihar Public Service Commission through its Chairman, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna- 800001.

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The Secretary, Bihar Public Service Commission, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna- 800001.

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The District Education Officer, Bhojpur, Bihar.

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The District Education Officer, Banka, Bihar.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Adv. For the Respondent/s : Ms. Prerna Anand, AC to GP-18 For the B.P.S.C. : Mr. Sanjay Pandey, Adv. Mr. Nishant Kumar Jha, Adv.

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 13-01-2026 Heard the parties.

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The petitioner is aggrieved with the order as

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contained in memo no. 1837 dated 01.07.2025 issued by the Director, Primary Education, Government of Bihar, insofar as it relates to the allocation/posting of the petitioner to Banka District from the District of Bhojpur, by ignoring the option exercised by the petitioner and without considering that the petitioner is physically handicapped as also by ignoring the guidelines for transfer/posting.

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Patna High Court CWJC No.13108 of 2025(3) dt.13-01-2026 2/3

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Learned Advocate for the respective parties fairly submitted that the identical issue has come up for consideration before this Court in C.W.J.C. No.11252 of 2025 along with other analogous cases, which came to be disposed off on 30.08.2025, wherein this Court in para-49 has observed and directed the Additional Chief Secretary, Education Department, Government of Bihar, Patna to convene a meeting with the Director, Secondary Education as well as the Director, Primary Education to frame a model for redressal of grievance of allocation of nearby district after inviting objection, preferably within a period of four weeks from the date of receipt/production of a copy of the order.

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Learned Advocate for the petitioner further submitted at the Bar that there are some of the Teachers, who have submitted their joining under protest on the place beyond preferential option(s) and their claim has not been taken care of in the afore-noted, C.W.J.C. No.11252 of 2025 along with other analogous cases.

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Suffice it to observe that the Teachers, who have submitted their joining under protest, are in no way deprived from filing objection(s) and they are also at liberty to submit their objections in the light of the order passed in C.W.J.C.

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Patna High Court CWJC No.13108 of 2025(3) dt.13-01-2026 3/3

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No.11252 of 2025 along with other analogous cases.

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In view of the aforesaid facts that the identical issue

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has been given a quietus, the present case also stands disposed off in similar terms with the decision dated 30.08.2025 passed in C.W.J.C. No. 11252 of 2025 along with other analogous cases.

¶28

This disposes the writ petition.

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(Harish Kumar, J)

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supratim/-

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Nikhil Kumar v. The State of Bihar

Case brief

What is this about?

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Nikhil Kumar v. The State of Bihar

Case brief

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