Patna High Court
Seema KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that where a statutory grievance redressal mechanism exists, the writ petition must be dismissed and the petitioner directed to pursue that administrative remedy.
Summary
Seema Kumari, appointed as Head Teacher through the Bihar Public Service Commission, submitted her preferred posting choices (Gopalganj district and specific blocks) via the e‑Shikshakosh portal. Despite this, the Education Department directed her to join a school in Jamui district, about 300 km away, which she contended was arbitrary and illegal. She filed a writ petition seeking quashing of the order and mandamus directing allocation of one of her preferred blocks. The Court noted the existence of a statutory grievance redressal mechanism and a prior judgment (Md. Nasim Hashmi v. State of Bihar) emphasizing administrative remedy. Accordingly, the Court directed the petitioner to file a representation within four weeks and ordered the grievance to be adjudicated within six months, disposing of the writ petition without granting the relief sought.
Issues considered
- Whether the order directing the petitioner to a posting in Jamui district is arbitrary, illegal and violative of the posting preference policy.
- Whether the Court can quash the order and issue mandamus directing a specific posting in the petitioner’s preferred blocks.
- Whether the petitioner must first avail the statutory grievance redressal mechanism before seeking judicial intervention.
Subjects
- writ petition
- administrative law
- mandamus
- grievance redressal
- public service recruitment
- posting preference
- Bihar education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.293 of 2026
======================================================
Seema Kumari W/o - Anil Kumar, Resident of village- Madhopur Hazari,
P.S.- Sahebganj, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, New Secretariat, Patna, Bihar.
2. The Director, Primary Education Education Department, Government of
Bihar, New Secretariat, Patna.
3. The District Education Officer, Jamui.
4. The District Programme Officer (Establishment), Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Adv.
Mr. Sangeeta Kumari, Adv.
For the Respondent/s : Mr. Rakesh Ranjan, AC to GP 22
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-01-2026 The writ application has been filed for the following
relief:-
“1. That the present writ petition is being filed for grant
of the following relief(s): -
A. For the issuance of an appropriate writ,
order or direction, quashing the order issued vide
letter по. JAM/ADV-25/2024/PAL/HT/8932146
dated 17.07.2025 and letter no. JAM/ADV-
25/2024/SPL/HT/9588133 dated 17/07/2025 as
contained in Annexure- P/6 & P/7 in respect of the
Petitioner, and holding the allotment of
SIKANDRA Block under Jamui District to the
Petitioner is arbitrary, illegal and unsustainable in
the eye of law;
Patna High Court CWJC No.293 of 2026(2) dt.12-01-2026
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B. For the issuance of an appropriate writ,
order or direction in the nature of Mandamus,
commanding the Respondents to allot any one of
the three Blocks preferred by the Petitioner, namely
Baikunthpur, Sidhwalia and Barauli under the
District of Gopalganj, in accordance with the
choice preference submitted by the petitioner on
04.04.2025 as contained in Annexure-P/5.
C. Pass such other and further writ(s),
order(s) or direction(s) as may be deemed just, fair
and necessary in the interest of justice.”
2. Learned counsel for the petitioner submits that on
the basis of advertisement no. 25/2024 dated 01.03.2024 issued
by the Bihar Public Service Commission, the petitioner is said
to have applied for being selected to the post of Head Teacher in
the Government Primary School and, after issuance of necessary
admit card and further being allowed to appear in the test at the
designated examination center, the petitioner appeared in the
written examination conducted by the Commission and,
pursuant to the recommendation, was appointed on the post of
Head Teacher and, as per policy decision of the State
Government, the selected candidates were supposed to give
their options for preferred districts through online portal, e-
Shikshakosh and the petitioner opted for Gopalganj, East
Champaran and Muzaffarpur as her first, second and third
Patna High Court CWJC No.293 of 2026(2) dt.12-01-2026
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choices respectively.
3. Learned counsel for the petitioner further submits
that the petitioner was allowed district Gopalganj and,
thereafter, she had to give options for three blocks, which
according to the petitioner was Baikunthpur, Sidwalia and
Barauli but, for no obvious reasons, the petitioner was directed
to submit her joining at Jamui, which is 300 kilometers away
from the district, which is allowed in the case of the petitioner.
4. It is the case of the petitioner that the place where
the petitioner is directed to submit her joining is altogether in a
different district, while the options which were given was within
the district of Gopalganj, has not been considered as per the
merit and choice, which is submitted by the petitioner through
online portal, e-Shikshakosh within the time so allowed between
04.07.2025 to 07.07.2025.
5. Learned counsel for the petitioner has taken this
Court to the order dated 18.08.2025 passed in similarly situated
case in the case of Md. Nasim Hashmi Vs. The State of Bihar &
Ors. (CWJC No. 12870 of 2025) in which following directions
were passed and the same reads as follows:-
-----“5. From the contentions made in the
petition, it is apparent that the choices given by the
petitioner has not been considered and it is his case
Patna High Court CWJC No.293 of 2026(2) dt.12-01-2026
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that the posting at present, where the petitioner is said
to have been given, is far away from the place and even
the seniority of the petitioner vis-a-vis others is said to
have been compromised. The Department is expected
to consider the same and make all possible steps to
post them as per their choice. These type of grievances,
this Court is facing in various cases. It is expected that
some modalities be framed to maintain the office in
order, so that the exercise, which is expected in terms
of the Policy is carried out in letter and spirit.
6. If the representation is said to have been
made by the petitioner, which is appended as
Annexure-P/8 is required to be considered and the
petitioner proposes to file a detail representation. If so
advised, in the event, of such representation having
been filed, the said representation is required to be
considered within a period of four weeks, taking into
account that the commitment with the State
Government notified in terms of their own Policy, and
ensure that the petitioner does not get prejudice in any
manner and the appropriate postings are made without
any delay and the students are not allowed to suffer in
any manner.”
6. Learned counsel for the petitioner has further taken
this Court to the letter issued by the Department of Education as
contained in Letter No. 3253 dated 29.08.2025, wherein, it has
been clearly mentioned that in case where the teachers, who
have submitted their joining to a place which was not in
accordance with the option so given by them, still if they have
Patna High Court CWJC No.293 of 2026(2) dt.12-01-2026
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any grievance, they have been permitted to file such grievances
through e-Shiksha portal online, which would be adjudicated on
registration of such grievances.
7. Be that as it may, since there is already a policy
decision of the State Government to adjudicate the grievances of
such teachers, whose postings have been given contrary to the
options so submitted, it is expected that the authorities would
address the grievance of the petitioner on filing of the fresh
representation within a period of four weeks from today
appending all such details based on which the petitioner
proposes to ventilate the grievances. It is accordingly directed
that on filing of such representation, the grievances shall be
adjudicated within a period of six months from the date of filing
of such representation and the necessary order so passed shall be
communicated to the petitioner through valid mode.
8. It is also expected that the reasons for registering
such grievances would be considered sympathetically keeping
in mind that the petitioner is a lady Head Teacher, who has been
transferred 300 kilometers away from the place, where she had
actually sought her posting which though has been acceded in so
far the district is concerned but, while giving posting in the
blocks as per the options given, the same has not been
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adjudicated, as per the option so submitted.
9. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
U
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