Rajeev Kumar v. The State of Bihar

Patna HC6 Jan 2026CWJC/21014/2025

Case brief

AI extract

What is this about?

Keywords: Head Teacher posting; choice posting option; representations dated 02.04.2025 and 21.07.2025 (also 31.07.2025); E-shiksha Kosh; E-shiksha portal; Bihar Public Service Commission examination; Dr. Bhimrao Ambedkar Awasiya Vidyalaya, Sheikhpura; representation pending before respondent no. 2 — Secretary, Education Department, Govt of Bihar; direction to decide within eight weeks; writ petition disposed of; Patna High Court CWJC No.21014 of 2025; Justice Harish Kumar.

What did the court decide?

Direction to the concerned respondent (respondent no. 2) to consider the petitioner's representation and bring it to a logical conclusion in accordance with law, preferably within a period of eight weeks from receipt/production of a copy of the order. ¶¶27

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should direct the respondents to consider the petitioner's grievance that he was posted as Head Teacher outside the Block option he had submitted through representations dated 02.04.2025 and 21.07.2025.

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Court's answer

Taking note that the petitioner's representation was pending consideration before respondent no. 2, this Court deemed it apt and proper to dispose of the writ petition with a direction to the concerned respondent to consider the representation and bring it to its logical conclusion in accordance with law.

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Ratio / Principle

The directed consideration of the representation was to be completed preferably within a period of eight weeks from the date of receipt/production of a copy of the order.

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Detailed headnote1 paragraphs

PATNA HIGH COURT (Harish Kumar, J.) — CWJC No.21014 of 2025, order dated 06-01-2026. The petitioner, who passed the Head Teacher examination conducted by the Bihar Public Service Commission and was appointed and posted as Head Teacher in Dr. Bhimrao Ambedkar Awasiya Vidyalaya, Sheikhpura, invoked the writ jurisdiction seeking a direction that his grievance be considered: owing to non-availability of E-shiksha Kosh in the school he could not submit his option for choice posting through the portal, and instead filed representations dated 02.04.2025 and 21.07.2025 (elsewhere stated as 31.07.2025), yet continued to discharge duty at a school allotted beyond his option. The State contended that the petitioner had failed to submit his option through the E-shiksha portal and that choice posting cannot be claimed as a matter of right. Taking note that the representation was pending before respondent no. 2 (Secretary, Education Department), the Court disposed of the writ petition, directing the concerned respondent to consider the representation and bring it to its logical conclusion in accordance with law, preferably within eight weeks from receipt/production of a copy of the order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21014 of 2025

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Rajeev Kumar Son of Janardan Singh, Resident of Village - Babhangawan, P.S and District - Lakhisarai

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary education department Govt of Bihar, Patna.

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The Secretary Education Department Govt of Bihar, Patna.

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The Director Primary education Govt of Bihar, Patna

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The Chairman, Bihar Public Service Commission 15 Nehru Path Bailey Road, Patna.

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The District Education officer, sheikhpura

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The District Education officer, Lakhisarai

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The Project officer, education department Govt of bihar, Patna

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar, Adv. For the Respondent/s : Mr. AC to GP-24 For the BPSC : 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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2 06-01-2026 Heard the parties.

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The petitioner has invoked the jurisdiction of this

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Court seeking a direction upon the respondents to consider his grievance with respect to his posting as a Head Teacher in any of the Block for which he had submitted his option through his representation dated 02.04.2025 and 21.07.2025.

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Learned Advocate for the petitioner submitted that after having successfully passed examination for Head Teacher

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Patna High Court CWJC No.21014 of 2025(2) dt.06-01-2026 2/3

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duly conducted by Bihar Public Service Commission, he was appointed and posted as Head Teacher in Dr. Bhimrao Ambedkar Awasiya Vidyalaya, Sheikhpura. On account of nonavailibility of E-shiksha Kosh in the school, the petitioner felt difficulty to submit his option for choice posting and accordingly, he filed his representation before the concerned respondents on 02.04.2025 and subsequently on 31.07.2025, however, till date, the same has not been considered and the petitioner is discharging his duty in the school, which is allotted beyond his option for posting as submitted through his representation.

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Learned Advocate for the State submitted that the petitioner was required to submit his option through E-shiksha portal, however, he failed to do so. Moreover, the petitioner cannot claim choice posting as a matter of right.

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Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that the representation of the petitioner is pending consideration before the respondent no. 2, this Court deems it apt and proper to dispose off the writ petition with a direction to the concerned respondent to consider the representation of the petitioner and bring to its logical conclusion in accordance with

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Patna High Court CWJC No.21014 of 2025(2) dt.06-01-2026 3/3

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law, preferably within a period of eight weeks’ from the date of

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receipt/production of a copy of this order.

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