Azmuddin Mansuri v. The State of Bihar

Patna HC10 Mar 2026CWJC/3056/2026

Case brief

AI extract

What is this about?

Tola Sewak; Siksha Sewak Talimi Markaz; Siksha Sawam Sewak (Talimi Markaz); guidelines 2018; residential certificate; Circle Officer Sidhwaliya; Ward No. 2 residence; merit list 12.01.2024; memo no.1466 dated 22.09.2025; District Education Officer Gopalganj; District Appellate Authority Gopalganj; second appeal; District Magistrate; alternative remedy; limitation; recruitment; Patna High Court 2026; Ajit Kumar, J.; writ disposed of.

What did the court decide?

Writ application disposed of with directions: petitioner to file appeal before the District Magistrate, Gopalganj within two weeks on issues not considered by the District Appellate Authority; District Magistrate to decide the grievances on merits (without raising limitation) within six weeks of filing. ¶¶38

Azmuddin Mansuri 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 petitioner's non-selection as Tola Sewak (Siksha Sewak Talimi Markaz), made only on the ground that he is not a resident of Ward No. 2 despite producing a residential certificate issued by the Circle Officer, Sidhwaliya, should be quashed/set aside. +2 more

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Ratio / Principle

The petitioner was directed to approach the District Magistrate, Gopalganj within two weeks, raising the issues which had not been considered by the District Appellate Authority, Gopalganj.

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Key takeaways

On filing of such appeal, the District Magistrate is expected to address the petitioner's grievances on their own merits without entering into the issue of limitation, and pass necessary orders within six weeks from the date of filing of the appeal.ratio¶¶37

Detailed headnote1 paragraphs

PATNA HIGH COURT (Ajit Kumar, J.), CWJC No. 3056 of 2026, decided 10-03-2026: Azmuddin Mansuri challenged the order (memo no.1466 dated 22.09.2025) of the District Education Officer, Gopalganj rejecting his fitness for selection as Tola Sewak (Siksha Sewak Talimi Markaz) solely on the ground that he was not a resident of Ward No. 2, notwithstanding a residential certificate issued by the Circle Officer, Sidhwaliya and his first rank in the merit list dated 12.01.2024. Counsel for the State pointed out that the petitioner had approached the Court without availing the remedy of second appeal before the District Magistrate. The Court directed the petitioner to approach the District Magistrate, Gopalganj within two weeks, raising the issues not considered by the District Appellate Authority, Gopalganj, and expected the District Magistrate to address those grievances on their own merits, without entering into the issue of limitation, within six weeks of filing. The writ application was disposed of with these observations and directions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3056 of 2026

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

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Azmuddin Mansuri Son of Kamruddin Mansuri @ Kamrudin Miyan, Resident of Village- Mahmmadpur, Ward No. 2, P.O. Teknawas, P.S. Mahammadpur, Block- Sidhwaliya, District- Gopalganj.

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... ... Petitioner/s

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Versus

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The State of Bihar x

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The Additional Chief Secretary cum Principal Secretary, Education Department, Government of Bihar, Patna.

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The Director, Mass Education, Government of Bihar, Patna.

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The Director Mass Education cum Joint Secretary, Government of Bihar, Patna.

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The District Magistrate, Gopalganj.

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The Deputy Development Commissioner, Gopalganj.

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The District Programme Officer (Establishment), Gopalganj.

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The District Education Officer, Gopalganj.

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The Block Education Officer, Block Sidhwaliya, District- Gopalganj.

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The Headmaster, Utkramit Middle School, Mahammadpur, Block Sidhwaliya, District- Gopalganj.

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Azaz Alam, Tola Sewak, Utkramit Middle School, Mahaddampur, Block Sidhwaliya, District- Gopalganj.

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... ... Respondent/s

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

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Appearance :

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For the Petitioner/s : Mr.Surendra Prasad Gupta For the Respondent/s : Mr.Advocate General ======================================================

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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2 10-03-2026 Heard learned counsel for the petitioner and

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learned counsel for the State.

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The instant writ application has been filed for the

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following reliefs:-

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(i) For quashing/ setting aside the order vide memo no.1466 dated 22.09.2025 passed by the Respondent No.8 by which the petitioner has not

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Patna High Court CWJC No.3056 of 2026(2) dt.10-03-2026 2/3

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been found fit for selection for Tola Sewak (Siksha Sewak Talimi Markaz) only on the ground that the petitioner is not resident of Ward No.2 despite the fact that the petitioner produced residential certificate in his favour issued by the Circle Officer, Sidhwaliya.

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(ii) For directing the authorities to consider for the appointment/ selection of the petitioner who ranked first in the merit list dated 12.01.2024 prepared by the committee concerned.

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(iii) For directing the respondent authorities for taking steps to conclude the recruitment process in accordance with the guidelines 2018 relating to selection and service condition of Tola Sewak and Siksha Sawam Sewak (Talimi Markaz).

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(iv) For any other relief(s) to which the petitioner is found entitled in the facts and circumstances of the case.

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Learned counsel for the petitioner submits that

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the petitioner possesses a residential certificate for being appointed as Tola Sewak, still his claim for appointment has been rejected without properly considering his entitlement based on the certificate produced by him, duly issued under the signature of the Circle Officer, Sidhwaliya.

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On the other hand, learned counsel for the State submits that without availing the remedy of second appeal before the District Magistrate, the petitioner has approached this Court.

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Considering the submissions of the parties, this Court finds it appropriate to direct the petitioner to approach the

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Patna High Court CWJC No.3056 of 2026(2) dt.10-03-2026 3/3

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District Magistrate, Gopalganj within a period of two weeks from today by raising the issues which have not been considered by the District Appellate Authority, Gopalganj. On filing of such appeal, it is expected that the District Magistrate, without entering into the issue of limitation, shall address the grievances of the petitioner on their own merits and pass necessary orders within a period of six weeks from the date of filing of the appeal.

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With the aforesaid observations and directions, the instant writ application stands disposed of.

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(Ajit Kumar, J)

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shikha/-

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Azmuddin Mansuri v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Azmuddin Mansuri v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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