Patna High Court
Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The petitioner is not entitled to a choice posting as a matter of right, but the pending representation must be considered by the respondent within eight weeks.
Summary
The petitioner, Rajeev Kumar, a qualified Head Teacher appointed by the Bihar Public Service Commission, was posted to a school that was not his preferred choice. He filed representations on 2 April 2025 and 31 July 2025 requesting a posting in a block of his choice, citing the unavailability of the E‑Shiksha portal at his school as the reason for not submitting his option earlier. The State argued that the petitioner failed to use the prescribed E‑Shiksha portal and that a choice posting is not a legal right. The Court examined whether the petitioner could claim a right to a choice posting and whether it could direct the authorities to consider his pending representation. It concluded that while the petitioner is not entitled to a choice posting as a matter of right, the pending representation must be duly considered. Accordingly, the Court ordered the respondent to decide the representation within eight weeks and disposed of the writ petition.
Issues considered
- Whether a Head Teacher who has been appointed by the BPSC is entitled to a choice posting as a matter of right.
- Whether the High Court can direct the Education Department to consider the petitioner's pending representation regarding posting.
Subjects
- public service recruitment
- choice posting
- administrative law
- writ petition
- education department
- appointment
- representation
- E‑Shiksha portal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21014 of 2025
======================================================
Rajeev Kumar Son of Janardan Singh, Resident of Village - Babhangawan,
P.S and District - Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary education department Govt of
Bihar, Patna.
2. The Secretary Education Department Govt of Bihar, Patna.
3. The Director Primary education Govt of Bihar, Patna
4. The Chairman, Bihar Public Service Commission 15 Nehru Path Bailey
Road, Patna.
5. The District Education officer, sheikhpura
6. The District Education officer, Lakhisarai
7. The Project officer, education department Govt of bihar, Patna
... ... Respondent/s
======================================================
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.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-01-2026 Heard the parties.
2. The petitioner has invoked the jurisdiction of this
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.
3. Learned Advocate for the petitioner submitted that
after having successfully passed examination for Head Teacher
Patna High Court CWJC No.21014 of 2025(2) dt.06-01-2026
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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 non-
availibility 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.
4. 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.
5. 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
Patna High Court CWJC No.21014 of 2025(2) dt.06-01-2026
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law, preferably within a period of eight weeks’ from the date of
receipt/production of a copy of this order.
6. The writ petition stands disposed off.
(Harish Kumar, J)
supratim/-
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