Seema Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Seema Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with observations and directions: petitioner to file a fresh representation within four weeks appending all grievance details; authorities to adjudicate the grievance within six months of filing and communicate the order through a valid mode; sympathetic consideration expected. The impugned orders (Annexure-P/6 & P/7) were not quashed and no direct block allotment was ordered.

Issue for consideration

Whether the impugned orders (Annexure-P/6 & P/7) whereby the petitioner was allotted Sikandra Block under Jamui District are arbitrary, illegal and unsustainable in the eye of law and liable to be quashed. +1 more

Court's answer

Since there is already a policy decision of the State Government to adjudicate the grievances of teachers whose postings were given contrary to the options submitted, the authorities are expected to address the petitioner's grievance upon her filing a fresh representation within four weeks, appending all supporting details.

Ratio / Principle

On filing of such representation, the grievances shall stand adjudicated within a period of six months from the date of filing, and the necessary order passed shall be communicated to the petitioner through a valid mode.

Key takeaways

The reasons for registering the grievance are to be considered sympathetically, keeping in mind that the petitioner is a lady Head Teacher transferred 300 kilometers away from the place where she sought posting, and that her block-level posting was not adjudicated as per the options submitted.obiter¶37

Detailed headnote1 paragraphs

Head Teacher (BPSC advt. no. 25/2024 dt. 01.03.2024) - posting contrary to block preferences - petitioner, allotted Gopalganj district, opted blocks Baikunthpur, Sidwalia and Barauli via e-Shikshakosh (window 04.07.2025-07.07.2025) but was directed to join at Sikandra Block, Jamui, 300 km away, vide letters dt. 17.07.2025 (Annexure-P/6 & P/7) - writ petition NOT quashing the orders but DISPOSED OF: fresh representation to be filed within four weeks; grievance to be adjudicated within six months and order communicated; sympathetic consideration expected as petitioner is a lady Head Teacher - reliance placed on earlier order dt. 18.08.2025 in Md. Nasim Hashmi v. State of Bihar, CWJC No. 12870 of 2025, and on Education Department Letter No. 3253 dt. 29.08.2025 providing e-Shiksha portal grievance redressal (Ajit Kumar, J.).

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.293 of 2026

======================================================

Seema Kumari W/o - Anil Kumar, Resident of village- Madhopur Hazari, P.S.- Sahebganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

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

The District Education Officer, Jamui.

The District Programme Officer (Establishment), Jamui.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar, Adv. Mr. Sangeeta Kumari, Adv. For the Respondent/s : Mr. Rakesh Ranjan, AC to GP 22 ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR

ORAL ORDER

2 12-01-2026

The writ application has been filed for the following

relief:-

“1. That the present writ petition is being filed for grant of the following relief(s): -

A. For the issuance of an appropriate writ, order or direction, quashing the order issued vide letter по. JAM/ADV-25/2024/PAL/HT/8932146 dated 17.07.2025 and letter no. JAM/ADV25/2024/SPL/HT/9588133 dated 17/07/2025 as contained in Annexure- P/6 & P/7 in respect of the Petitioner, and holding the allotment of SIKANDRA Block under Jamui District to the Petitioner is arbitrary, illegal and unsustainable in the eye of law;

Patna High Court CWJC No.293 of 2026(2) dt.12-01-2026 2/6

B. For the issuance of an appropriate writ, order or direction in the nature of Mandamus, commanding the Respondents to allot any one of the three Blocks preferred by the Petitioner, namely Baikunthpur, Sidhwalia and Barauli under the District of Gopalganj, in accordance with the choice preference submitted by the petitioner on 04.04.2025 as contained in Annexure-P/5.

C. Pass such other and further writ(s), order(s) or direction(s) as may be deemed just, fair and necessary in the interest of justice.”

Learned counsel for the petitioner submits that on the basis of advertisement no. 25/2024 dated 01.03.2024 issued by the Bihar Public Service Commission, the petitioner is said to have applied for being selected to the post of Head Teacher in the Government Primary School and, after issuance of necessary admit card and further being allowed to appear in the test at the designated examination center, the petitioner appeared in the written examination conducted by the Commission and, pursuant to the recommendation, was appointed on the post of Head Teacher and, as per policy decision of the State Government, the selected candidates were supposed to give their options for preferred districts through online portal, e- Shikshakosh and the petitioner opted for Gopalganj, East Champaran and Muzaffarpur as her first, second and third

Patna High Court CWJC No.293 of 2026(2) dt.12-01-2026 3/6

choices respectively.

Learned counsel for the petitioner further submits that the petitioner was allowed district Gopalganj and, thereafter, she had to give options for three blocks, which according to the petitioner was Baikunthpur, Sidwalia and Barauli but, for no obvious reasons, the petitioner was directed to submit her joining at Jamui, which is 300 kilometers away from the district, which is allowed in the case of the petitioner.

It is the case of the petitioner that the place where the petitioner is directed to submit her joining is altogether in a different district, while the options which were given was within the district of Gopalganj, has not been considered as per the merit and choice, which is submitted by the petitioner through online portal, e-Shikshakosh within the time so allowed between 04.07.2025 to 07.07.2025.

Learned counsel for the petitioner has taken this Court to the order dated 18.08.2025 passed in similarly situated case in the case of Md. Nasim Hashmi Vs. The State of Bihar & Ors. (CWJC No. 12870 of 2025) in which following directions were passed and the same reads as follows:-

-----“5. From the contentions made in the petition, it is apparent that the choices given by the petitioner has not been considered and it is his case

Patna High Court CWJC No.293 of 2026(2) dt.12-01-2026 4/6

that the posting at present, where the petitioner is said to have been given, is far away from the place and even the seniority of the petitioner vis-a-vis others is said to have been compromised. The Department is expected to consider the same and make all possible steps to post them as per their choice. These type of grievances, this Court is facing in various cases. It is expected that some modalities be framed to maintain the office in order, so that the exercise, which is expected in terms of the Policy is carried out in letter and spirit.

6. If the representation is said to have been made by the petitioner, which is appended as Annexure-P/8 is required to be considered and the petitioner proposes to file a detail representation. If so advised, in the event, of such representation having been filed, the said representation is required to be considered within a period of four weeks, taking into account that the commitment with the State Government notified in terms of their own Policy, and ensure that the petitioner does not get prejudice in any manner and the appropriate postings are made without any delay and the students are not allowed to suffer in any manner.”

Learned counsel for the petitioner has further taken

this Court to the letter issued by the Department of Education as contained in Letter No. 3253 dated 29.08.2025, wherein, it has been clearly mentioned that in case where the teachers, who have submitted their joining to a place which was not in accordance with the option so given by them, still if they have

Patna High Court CWJC No.293 of 2026(2) dt.12-01-2026 5/6

any grievance, they have been permitted to file such grievances through e-Shiksha portal online, which would be adjudicated on registration of such grievances.

Be that as it may, since there is already a policy decision of the State Government to adjudicate the grievances of such teachers, whose postings have been given contrary to the options so submitted, it is expected that the authorities would address the grievance of the petitioner on filing of the fresh representation within a period of four weeks from today appending all such details based on which the petitioner proposes to ventilate the grievances. It is accordingly directed that on filing of such representation, the grievances shall be adjudicated within a period of six months from the date of filing of such representation and the necessary order so passed shall be communicated to the petitioner through valid mode.

It is also expected that the reasons for registering such grievances would be considered sympathetically keeping in mind that the petitioner is a lady Head Teacher, who has been transferred 300 kilometers away from the place, where she had actually sought her posting which though has been acceded in so far the district is concerned but, while giving posting in the blocks as per the options given, the same has not been

Patna High Court CWJC No.293 of 2026(2) dt.12-01-2026 6/6

adjudicated, as per the option so submitted.

With the aforesaid observation and direction, the

writ petition stands disposed of.

(Ajit Kumar, J)

rishi/-

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