Patna High Court
Shagufta KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The petitioner is to be allowed to join the school within eight weeks of the order, considering her extraordinary circumstances.
Summary
The petitioner, Shagufta Khatoon, was selected as a school teacher and posted to a government high school, but due to pregnancy she could not join within the period specified in her appointment letter. She applied to the District Programme Officer for permission to join later, and the officer sought guidance from higher authorities. The petitioner’s counsel argued that pregnant women are entitled to special protection and that the delay should be treated sympathetically. The High Court, after hearing both sides, directed the Director of Secondary Education to consider her claim and allow her to join the school within eight weeks of the order. The court’s order effectively grants the relief sought and disposes of the writ petition.
Issues considered
- Whether a teacher appointed under the Teachers Recruitment Examination can be permitted to join the posting after missing the stipulated joining deadline due to pregnancy.
- Whether the authorities are obligated to provide special protection to a female candidate in such circumstances under constitutional and administrative principles.
Subjects
- teacher recruitment
- pregnancy
- gender protection
- appointment delay
- civil writ jurisdiction
- administrative law
- special protection for women
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14140 of 2025
======================================================
Shagufta Khatoon D/o- Md. Neyaz Alam Khan Resident of Mohalla-
Salempur, Ward No.- 12, P.O. and P.S.- Barh, District- Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, Department of
Education, Bihar, Patna.
2. The Addl. Chief Secretary, Department of Education, Government of Bihar,
Patna.
3. The Director, Secondary Education, Bihar, Patna.
4. The Additional State Project Director-cum- Incharge Centralized Monitoring
Cell, Education Department, Bihar, Patna.
5. The District Education Officer, West Champaran at Bettiah.
6. The District Programme Officer (Estab.), West Champaran at Bettiah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar
For the Respondent/s : Mr.Standing Counsel (20)
Mr. Md. Zeeshan Kalim, AC to SC 20
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 19-01-2026
Heard the parties.
2. The petitioner was duly selected as a School
Teacher under Teachers Recruitment Examination-II for the
Class 11 and 12 (+2). After due counselling and verification of
certificates, appointment letter was issued and she was posted at
Government Upgraded High School, Pakuhwa East. The
petitioner was also sent for training under Orientation and
Exposure Programme by the respondent authorities. However,
on account of some reasons beyond her control due to the fact
Patna High Court CWJC No.14140 of 2025 dt.19-01-2026
2/3
she was in family way, she could not submit her joining in the
school within the period prescribed in the appointment letter. It
is submitted that after recovery and improvement in her physical
condition, she approached before the respondent District
Programme Officer (Establishment) to allow her to join in the
school in question where she was posted. The respondent
District Programme Officer (Establishment) considering the
grievance vide its memo No. 393 dated 17.05.2025 wrote a
letter to the Additional State Project Director cum Incharge
Centralized Monitory Cell, Education Department seeking
guidelines and a sympathetic decision in the matter on account
of the fact she was carrying pregnancy and was advised to bed
rest at the relevant time. Hence, she could not join within the
period stipulated.
3. Learned Advocate for the petitioner with all
vehemence submits that the facts are admitted to the extent that
she was in family way and because of the fact that she was
carrying baby in her womb and was not in a good physical
condition, unable to submit her joining within the period
stipulated. In the aforesaid premise, the claim of the petitioner
should be considered sympathetically taking note of various
decisions rendered by the Apex Court, where the Court has
Patna High Court CWJC No.14140 of 2025 dt.19-01-2026
3/3
mandated that special privilege and protection should be given
to the female candidate who is facing such a situation.
4. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the fact that till date no final decision has been taken by the
competent authority, this Court directs the Director, Secondary
Education, Bihar, Patna to consider the claim of the petitioner
with regard to her joining in the school where she was posted in
pursuant to the letter dated 12.02.2024 (Annexure-P/1),
preferably within a period of eight weeks from the date of
receipt of production of a copy of this order, keeping in mind
the extraordinary situation, which has precluded the petitioner
from submitting her joining in the school in question.
5. This disposes the writ petition.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 20 .01.2026
Transmission Date
Checking your session…