Patna High Court
ShwetaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition is disposed of without granting relief, and the petitioner is directed to approach the competent authority under Rule 18 of the Bihar State School Teacher Rules, 2023 for redressal.
Summary
Shweta, a successful candidate in the Bihar School Teacher Recruitment Competitive Examination, was allotted to Madhubani District instead of her first preference, Patna District. She filed a writ petition seeking to quash the final district allotment list dated 10 January 2025. The court observed that the petition had become infructuous because Shweta had already joined the Madhubani posting, a fact acknowledged by both parties. However, the petitioner argued that she joined only under compulsion due to the joining deadline. The court, with no objection from the respondents, disposed of the writ, granting Shweta liberty to file a complaint or appeal before the Regional Deputy Director of Education under Rule 18 of the Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023. The court directed that any such complaint filed within one month be heard and decided on merit within four months, with any relief to be granted within a further month.
Issues considered
- Whether a writ petition seeking to quash a district allotment can be entertained after the petitioner has already joined the allotted posting.
- Whether the petitioner has any alternative remedy under the Bihar State School Teacher Rules, 2023.
Subjects
- writ jurisdiction
- district allotment
- teacher recruitment
- service rules
- administrative law
- grievance redressal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3378 of 2025
======================================================
Shweta Wife of Indrajit Kumar, daughter of Vinod Kumar Patel, R/o-
Bajrangbagh, P.S.- Hilsa, District- Nalanda Bihar- 801302.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Secondary Education, Education Department,
Government of Bihar, Patna.
3. The Chairman, Bihar Public Service Commission, Bailey Road, Patna.
4. The Secretary, Bihar Public Service Commission, Bailey Road, Patna.
5. The Examination Controller, Bihar Public Service Commission, Bailey
Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s Mr. Chandan Kumar Singh
Mr. Niraj Kumar Singh
For the BPSC Mr. Rajni Kant Jha
For the State : Mr. Standing Counsel (23)
Mr. Madhusudan Rai, AC to SC 23
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 21-04-2026 Heard the learned counsel for the petitioner, learned
counsel for the respondent-BPSC and learned counsel for the
respondent-State.
2. The petitioner, in the present writ application,
has prayed for quashing and setting aside the final District
allotment list dated 10th January, 2025 insofar as the
allotment of the District of the petitioner was/is concerned
and which had been published in pursuance to the School
Teacher Recruitment Competitive Examination (Advt. No.
Patna High Court CWJC No.3378 of 2025(4) dt.21-04-2026
2/4
22/2024) Class 9-10 Science subject, in which the petitioner
being a successful candidate, has been wrongly allotted
Madhubani District, instead of Patna District, which was
her first District priority mentioned in the application form.
3. Learned counsel appearing for the respondent-
BPSC points out that this writ application has now become
infructuous for the reason that the petitioner has already
joined Madhubani District, and is currently working there
as a Teacher. This has also been confirmed by the learned
counsel appearing for the petitioner.
4. Learned counsel for the petitioner, however,
submits that the petitioner had no option than to join the
Madhubani District, because the last date for joining was
already given and had she not joined, then further complications
would have arisen. He, therefore, contends that the joining at
Madhubani District is not voluntarily, but under compelling
circumstances.
5. In light of the aforesaid circumstances, learned
counsel for the petitioner submits that this writ application
may be disposed of, granting liberty to the petitioner to
approach the competent authority under Rule 18 of the
Patna High Court CWJC No.3378 of 2025(4) dt.21-04-2026
3/4
Bihar State School Teacher (Appointment, Transfer,
Disciplinary proceedings and Service Conditions) Rules,
2023, which provides for filing complaints/appeals before
the Regional Deputy Director of Education.
6. To the aforesaid submission made by learned
counsel for the petitioner, learned counsels appearing for the
respondent parties do not have any objection.
7. Considering the submission made by the petitioner,
which is not opposed by the learned counsels appearing for
the respondent parties, this writ application is disposed of,
granting liberty to the petitioner to file an appropriate
complaint/appeal before the Regional Deputy Director of
Education for redressal of her grievances in accordance
with Rule 18 of the Bihar State School Teacher
(Appointment, Transfer, Disciplinary Proceedings and
Service Conditions) Rules, 2023.
8. It is made clear that if such a complaint/appeal
is filed by the petitioner within one month from the date of
this order, the same shall be entertained and decided on
merit by the concerned authority, within four months from
the date of its filing, after giving an opportunity of hearing
Patna High Court CWJC No.3378 of 2025(4) dt.21-04-2026
4/4
to the petitioner. It is also made clear that in case the petitioner
is found entitled to the relief(s), which the petitioner would be
claiming through the complaint/appeal, the same shall be
given to the petitioner within a further period of one month
from the date of final decision on the petitioner’s
complaint/appeal.
9. With the aforesaid observation/direction and
liberty granted, the present writ application stands disposed
of.
10. All pending interlocutory application(s), if
any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J)
HR/-
U
Checking your session…