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Patna High Court

Shahina ParvinversusThe State of Bihar

Decided
Disposal
DISPOSED

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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