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Patna High Court

Seema KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
          Patna High Court CWJC No.293 of 2026(2) dt.12-01-2026
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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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