Patna High Court
Kumari Poonam MalaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that, in light of a prior similar order, the petition must be pursued through a fresh representation before the District Education Officer and the writ application is disposed accordingly.
Summary
Petitioner Kumari Poonam Mala applied through the e‑Shiksha Kosh portal for a school posting in Patna district that suited her health condition, but was transferred to a school she had not opted for and which was far away. She filed a writ petition seeking a mandamus directing the education authorities to allot her a school as per her application and to order an immediate transfer. The respondents did not oppose the petition. The Court, noting that a similar petition (CWJC No.1251 of 2026) had already been decided, disposed of the present writ by directing the petitioner to file a fresh representation before the District Education Officer within fifteen days, and ordered that the officer decide the matter within a month, after hearing, with a reasoned order. If the representation is found in her favour, the relief must be granted within fifteen days of that order. The writ application was therefore dismissed with liberty to approach the authority afresh.
Issues considered
- Whether the education authorities are liable to issue a mandamus directing allocation of a school as per the petitioner's application.
- Whether the writ petition should be entertained in view of a prior similar order.
- Whether the petitioner should be directed to file a fresh representation before the District Education Officer.
Subjects
- mandamus
- school posting
- transfer
- public service
- e‑Shiksha Kosh portal
- health condition
- administrative law
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2693 of 2026
======================================================
Kumari Poonam Mala Wife of Pankaj Kumar, Resident of Village/Mohalla-
Makundan Bigha, Ward No. - 10, Bhatahar, P.S.- Tharthari, District- Nalanda,
Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Primary Education, Government of Bihar, Patna.
3. The District Education Officer, Nalanda, Bihar.
4. The District Education Officer, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Adv
For the Respondent/s : Mr. K.K. Singh, AC to Government Pleader (22)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
(i) For issuance of Writ in the
nature of Mandamus or any other
appropriate Writ, Order, direction, directing
the respondent authority/authorities to take
appropriate action on application filed by
the petitioner to allot her a school of Patna
District amongst the panchayat/block she
has chosen on E-Shiksha Kosh Portal as per
guideline laid down by the Education
Patna High Court CWJC No.2693 of 2026(2) dt.19-02-2026
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Department, Government of Bihar
considering her bad health condition and
also considering the aspect that choices
given by the petitioner for his posting is still
vacant. The Petitioner further prays for
issuance of consequential Writ in the nature
of Mandamus commanding the Respondent
Authorities to take an immediate decision
upon application filed by the petitioner for
her transfer on the ground of her bad health
condition at any of the school of her opted
options given on e-Shiksha Kosh portal as
she has been transferred to a school of
Patna District which she has never opted
and distance of the school was more than of
previous place of posting.
4. Learned counsel for the petitioner submits that a
similar matter has already been disposed of vide order dated
29.01.2026 passed in CWJC No. 1251 of 2026 and accordingly,
he prays that this case may also be disposed of in terms of the
said order.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondent-State does not have any objection.
6. Considering the fact that a similar matter has
already been considered by this Court and disposed of on
Patna High Court CWJC No.2693 of 2026(2) dt.19-02-2026
3/3
29.01.2026 passed in CWJC No. 1251 of 2026, the present writ
application is disposed of in terms of the said order and the
petitioner is granted liberty to file a fresh representation before
the District Education Officer, Patna within fifteen days from
today. If such a representation is filed within the stipulated time
then the District Education Officer, Patna is directed to dispose
of the same within a period of one month from the date of
receipt of the representation, after giving an opportunity of
hearing to the petitioner. Needless to emphasize that the final
order which shall be passed by the District Education Officer,
Patna should be a reasoned and speaking order. It is further
made clear that in case, the petitioner is found entitled to the
relief which he would be claiming through the representation,
the same should be extended to the petitioner within a further
period of fifteen days from the date of passing of the final order.
7. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kiran/-
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