Patna High Court
Shobha KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The High Court may issue a mandamus directing the Education Department to dispose of the pending representation within a fixed period and to grant the relief if the petitioner is found entitled.
Summary
The petitioner, Shobha Kumari, sought a writ of mandamus directing the Bihar Education Department to transfer her as Head Teacher in accordance with a choice of block posted on the e‑Shikshakosh portal and to dispose of a pending representation filed on 6 October 2025. She alleged that the department had not acted on her representation and had deviated from the procedure prescribed under Rule 7 of the Bihar Panchayat Elementary School Head Teacher Rule 2024 and a 2024 government notification. The respondent State raised no objection to the limited relief sought. The Court, noting the absence of opposition and the narrow nature of the prayer, directed the Additional Chief Secretary, Education Department, to dispose of the pending representation within three months, after giving the petitioner a hearing, and to issue a reasoned order. The Court further ordered that if the petitioner is entitled to the relief sought, it be granted within one month of the final order. Consequently, the writ application was disposed of with these directions.
Issues considered
- Whether the High Court can issue a mandamus directing the Education Department to dispose of a pending representation within a specified time.
- Whether the petitioner is entitled to the transfer and posting as per the e‑Shikshakosh choice under the applicable rule and notification.
Subjects
- writ of mandamus
- public service appointment
- education department
- Bihar Panchayat Elementary School Head Teacher Rule 2024
- government notification
- administrative law
- pending representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1439 of 2026
======================================================
Shobha Kumari Wife of Sri Ravi Kant Kumar, Daughter of Late Bhola Prasad
Giri, Residence of Village-Khedalpura, P.O. and P.S.-Bihta, District-Patna,
State-Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The District Education Officer, Patna.
3. The District Education Officer (Establishment), Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Kant Kumar, Advocate
For the Respondent/s : Mr. Madaljeet Kumar, Government Pleader 20
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the respondent-State.
2. With consent of the parties, the present writ
application is being disposed of at this stage itself.
3. The petitioner has prayed for grant of following
relief :-
“(i) To issue the writ of Mandamus Order or
direction to respondent's for transferred the petitioner
pursuant to Contained Annexure - P2 whereby and
whereby respondent/s authority Department of
education Govt. Of Bihar given Choice of Block for
Posting as head Teacher to the petitioner by e-
Shikshakosh on dated 04 July 2025 bearing
Application No. TP-82374190.
(ii) To issued the writ of mandamus to
commanding to the respondent/s authority to
performing his legal obligation accordance with law
Patna High Court CWJC No.1439 of 2026(2) dt.31-01-2026
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and procedure Under Rule 7 of the Bihar Panchayat
Elementary School Head Teacher Rule 2024,
Contained Annexure Pl it shall come into force vide
Government of Bihar, education Department,
Notification, Memo No. 7/Misc-30/2021-385 Patna,
dated 20-2024.
(iii) To issue the writ of mandamus to
disposed the application given to the petitioner on
dated 06.10.2025 Contained Annexure P8 before
respondent/s.
(iv) To the proper action against the
responsible Respondent/s authority under which they
has adapted to the Choose and pick method, without
follows the Law & Procedure, Contained Annexure-P7
on dated 05.10.2025.
(v) To any other Relief or Reliefs may be
allowed which will be just, proper and equitable on the
opinion of this Hon'ble court.
4. After advancing some argument, learned counsel
for the petitioner submits that for the aforesaid relief claimed in
the present writ application, the petitioner has already filed a
representation dated 06.10.2025 before the Additional Chief
Secretary, Education Department, Govt. of Bihar, Patna which
has been brought on record by way of Annexure-P-8, but till
date the same has not been disposed of by the Additional Chief
Secretary, Education Department, Govt. of Bihar, Patna. He
accordingly prays that the petitioner would be satisfied if an
appropriate direction could be issued by this Court for disposing
of the pending representation of the petitioner after giving an
opportunity of hearing to the petitioner within a fixed time
Patna High Court CWJC No.1439 of 2026(2) dt.31-01-2026
3/4
frame.
5. To the aforesaid submissions made by learned
counsel for the petitioner, learned counsel appearing on behalf
of the respondent-State do not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
stands disposed of directing the Additional Chief Secretary,
Education Department, Govt. of Bihar, Patna to dispose of the
pending representation of the petitioner dated 06.10.2025
(Annexure-P-8) within a period of three months from the date of
receipt / production of a copy of this order after giving an
opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna, should be reasoned and
speaking order.
8. It is further made clear that in case the petitioner is
found entitled to the relief which the petitioner is claiming in the
pending representation, the same should be extended to the
petitioner within a further period of one month from the date of
passing of the final order by the Additional Chief Secretary,
Education Department, Govt. of Bihar, Patna.
Patna High Court CWJC No.1439 of 2026(2) dt.31-01-2026
4/4
9. With the aforesaid observation/direction and liberty
granted, the present writ application stands disposed of.
10. All pending I.A.s, if any, is deemed to have been
disposed of.
(Alok Kumar Sinha, J)
sanjeev/-
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