Patna High Court

Rinki Kumari @ Rinkee DeviversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The petition is to be disposed of by directing the petitioner to file a fresh representation before the District Education Officer, who must hear the case and pass a reasoned order within the stipulated time.

Summary

Rinki Kumari, widow of late Ashok Choudhary, filed a writ petition before the Patna High Court challenging actions of the State of Bihar and several education officials. The petitioner argued that her case was similar to a previously decided matter (Kusum Kumari v. State of Bihar, CWJC No.16323 of 2025). The State had no objection to the petitioner’s submissions. The Court considered whether the petition could be disposed of by referring to the earlier order and whether the petitioner should first approach the District Education Officer with a fresh representation. Justice Ajit Kumar directed the petitioner to file a fresh representation before the District Education Officer within 30 days, accompanied by supporting documents. The officer was ordered to hear the petitioner (or counsel), consider the case, and pass a reasoned order within two months, also ensuring the affected person is heard. Accordingly, the writ application was disposed of.

Issues considered

Whether the present writ petition can be disposed of by applying the reasoning of the earlier case Kusum Kumari v. State of Bihar (CWJC No.16323 of 2025).
Whether the petitioner must first file a fresh representation before the District Education Officer and be afforded a hearing before any relief is granted.

Subjects

civil writ
representation
education department
procedural direction
hearing
order disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3527 of 2026
                 ======================================================
                 Rinki Kumari @ Rinkee Devi wife of late Ashok Choudhary, Resident of
                 village-Bhaduki Kalan, ward no.-10, P.S-Kasma, Rafiganj, District-
                 Aurangabad.
                                                                          ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar.
           2.    The Principal Secretary, Education Department, Govt. of Bihar, Patna.
           3.    The District Magistrate, Aurangabad, Bihar.
           4.    The District Education Officer, Aurangabad, Bihar.
           5.    The District Program Officer, (Establishment), Madhyamic Education and
                 literacy, Aurangabad, Bihar.
           6.    The Block Development Officer, Rafiganj, Aurangabad.
           7.    The Block Education Officer, Rafiganj, Aurangabad.
           8.    The Head Master-cum- Coordinator, Middle School, Bhaduki, Kalan,
                 Rafiganj, District-Aurangabad.
           9.     Kusum Kumari, wife of Dilip Kumar Choudhary, Resident of village-
                  Bhaduki Kalan, P.O-Khaira Manjhauli, P.S-Kasma, District-Aurangabad.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Om Prakash Singh
                 For the Respondent/s     :     Mr. Manoj Kumar Ambashtha, SC (26)
                                                Mr. Santosh Kumar Mishra, AC to SC-26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2.       At the very outset, learned counsel for the

                   petitioner submits that the present writ petition may be disposed

                   of in terms of order of the Co-ordinate Bench of this Court

                   passed in CWJC No. 16323 of 2025 (Kusum Kumari v. The

                   State of Bihar & Ors) as the matter is similarly situated to the

                   aforesaid case.
             Patna High Court CWJC No.3527 of 2026(2) dt.17-03-2026
                                                         2/2




                                   3. Learned counsel for the State has got no objection

                       to the submissions of the petitioner.

                                   4. Considering the submissions of the parties, the

                       petitioner is directed to file a fresh representation before the

                       Respondent No. 4/the District Education Officer, Aurangabad,

                       Bihar along with all supporting documents within a period of 30

                       days and the Respondent No.4 is expected to consider the case

                       of the petitioner after providing opportunity of personal hearing

                       or through her counsel and pass a reasoned and speaking order

                       in accordance with law within a period of two months.

                                   5. While adjudicating the issues with regard to this

                       petitioner, the affected person shall also be heard by issuing

                       proper notice.

                                   6. With the aforesaid direction, the writ application

                       stands disposed of.



                                                    (Ajit Kumar, J)
    perwez

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