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Patna High Court

ShwetaversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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