Patna High Court
Shahina ParvinversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the District Education Officer must decide the petitioner’s pending representation within six months, after hearing both parties, and issue a reasoned order.
Summary
Shahina Parvin filed a writ petition seeking her appointment as Shiksha Sevak (Talimi Markaz) in a primary school, alleging that the Education Department had arbitrarily appointed another candidate, Rozi Khatoon, despite Shahina having higher merit. She claimed discrimination and requested the court to quash the appointment letter dated 07-10-2024 and to direct her appointment with all attendant benefits. The petitioner also sought a direction for the District Education Officer (DEO) to decide her pending representation filed on 19-10-2024/21-10-2024. The State of Bihar contended that there was no objection to the limited prayer for a procedural direction. The Court, noting the parties’ consent and the narrow scope of the prayer, ordered the DEO to dispose of the pending representation within six months, after giving both parties a hearing, and emphasized that the final order must be reasoned. Consequently, the writ application was disposed with the specific direction, without addressing the broader claims of appointment and discrimination.
Issues considered
- Whether the petitioner is entitled to be appointed as Shiksha Sevak over the candidate already appointed.
- Whether the appointment letter issued to the other candidate can be quashed on grounds of alleged discrimination.
- Whether the authorities must decide the petitioner’s pending representation within a reasonable time and after hearing.
Subjects
- appointment
- discrimination
- Shiksha Sevak
- public service recruitment
- writ jurisdiction
- administrative law
- fair hearing
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4071 of 2025
======================================================
Shahina Parvin Wife of Mohammad Mujahid Ansari @ Mohammad Mujahid
Hussain, Resident of Vilage- Narsingh Patti, P.O.- Baldiha, P.S. - Amnaur,
District - Saran.
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director, Directorate of Mass Education, Govt. of Bihar, Patna.
4. The District Magistrate, Saran at Chapra.
5. The Regional Deputy Director of Education, Saran Division Chapra.
6. The District Education Officer, Saran at Chapra.
7. The District Programme Officer, Literacy, Saran at Chapra.
8. The Block Education Officer, Amnaur, Saran.
9. The Headmaster, Primary School, Manorpur, Block Amnaur, Saran.
10. Rozi Khatoon, Wife of Md. Manjoor Alam, Resident of Village - Narsingh
Patti, P.O. - Baldiha, P.S. - Amnaur, District- Saran.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Respondent/s : Mr. Additional Advocate General (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at the present stage itself.
3. The petitioner in the present writ application has
prayed for the grant of following reliefs:-
(i) To command and direct the respondents to appoint
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the petitioner as Shiksha Sevak/Shiksha Sevak (Talimi Markaz)
of Ward No.- 14 in Minority Extremally Backward Class Tola
and affiliated school, Primary School, Manorpur, Panchayat
Manorpur Jhakhri, Block Amnaur, District Saran having highest
merit point because she is discriminated for the same.
(ii) To quash the Appointment Letter No.- 145 dated
07.10.2024 (Annexure P/15) issued under the signature of
District Programme Officer, Literacy, Saran at Chapra
(Respondent No.- 7) whereby Rozi Khatoon (Respondent No.-
10) appointed as Shiksha Sevak/Shiksha Sevak (Talimi Markaz)
having less percentage of marks in matriculation examination
than the petitioner.
(iii) Further to command and direct the respondents to
grant all the benefits to the petitioner after her appointment as
Shiksha Sevak (Talimi Markaz) from the date, the Respondent
No.- 10 has been appointed since the petitioner highly
discriminated for the same owing to arbitrariness of the
respondents.
(iv) To grant any other relief(s) to which the petitioner
would be found entitled by the Hon'ble Court in the facts and
circumstances of the case.
4. Learned counsel for the petitioner has drawn the
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attention of this Court to paragraph nos. 21 and 22 of the writ
application in which it has been stated as follows:-
“21. That it is humbly stated and
submitted that as soon as the petitioner
got information regarding issuance of
appointment letter (Annexure-P/15) in
favour of Rozi Khatoon (Respondent
No.- 10), as per the guidelines the
petitioner filed her
representation/appeal before the
District Education Officer within time
stating the facts in details and annexing
the relevant documents vide
representation/appeal dated 19.10.2024
submitted in the office of the District
Education Officer, Saran, Chapra on
21.10.2024.
22. That is humbly stated that the
aforesaid representation/appeal is
pending before the District Education
Officer, Saran and when no needful
decision was taken as per the guidelines
the petitioner filed her representation
dated 12.11.2024 before the District
Magistrate, Saran, Chapra stating the
fact in details and annexing the
documents relating to selection
process.”
5. Learned counsel for the petitioner submits that for
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claiming the aforesaid relief, the petitioner had filed a
representation before the District Education Officer, Saran at
Chapra (Respondent No. 6) dated 19.10.2024/21.10.2024
(Annexure-10) and the same continues to be pending. Learned
counsel for the petitioner submits that the petitioner would be
satisfied if an appropriate direction could be issued to the
District Education Officer, Saran at Chapra (Respondent No. 6)
to dispose of his representation on merit within a fixed time
frame after giving an opportunity of hearing to the petitioner.
6. To this prayer being made by the learned counsel
for the petitioner, the learned counsel for the Respondent-State
does not have any objection.
7. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of directing the District Education Officer, Saran at
Chapra (Respondent No. 6) to dispose of the pending
representation of the petitioner dated 19.10.2024/21.10.2024
(Annexure-P/16) within a period of six months from the date of
receipt/production of a copy of this order after giving an
opportunity of hearing to the petitioner as well as to Rozi
Khatoon (Respondent No. 10) and other concerned parties.
Needless to emphasize that the final order which shall be passed
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by the District Education Officer, Saran at Chapra (Respondent
No. 6) should be a reasoned and speaking order.
8. With the aforesaid observation and direction, the
present writ application is disposed of. All pending Interlocutory
Applications, if any, will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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