Patna High Court
Pranay Kumar GauravversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the Director of Secondary Education to dispose of the petitioner's pending representation within three months, after hearing, and to pass a reasoned order.
Summary
The petitioner, a school teacher appointed on 30.03.2024, filed a writ petition seeking a mandamus directing the Director of Secondary Education to complete his online joining in the E‑Shikshakosh portal and to allow him to assume his post with full salary and entitlements. He also requested that the pending representation filed on 15.10.2024 be disposed of within a fixed time. The respondents raised no objection to the limited relief sought. The Court, with the parties' consent, disposed of the writ at this stage, directing the Director to decide the pending representation within three months of receiving the order, after giving the petitioner a hearing, and to issue a reasoned order. If the representation is found in the petitioner's favour, the relief should be extended within an additional three months. The writ application was thus disposed of with the specified directions.
Issues considered
- What relief, if any, can be granted by a writ of mandamus to compel the Director of Secondary Education to update the petitioner's joining in the E‑Shikshakosh portal?
- Whether the pending representation filed by the petitioner on 15.10.2024 must be disposed of within a specific time frame and after a hearing.
Subjects
- writ jurisdiction
- mandamus
- appointment
- E‑Shikshakosh
- education department
- pending representation
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5857 of 2026
======================================================
Pranay Kumar Gaurav Son of Sri Rameshwar Choudhary, Resident of
Village-Amirganj, P.O.and P.S.- Telhara, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, New Secretariat, Patna.
2. The Director, Secondary Education, Govt. of Bihar, Buddha Marg, Patna.
3. The District Education Officer, Jehanabad.
4. The District Programme Officer (Establishment), Jehanabad.
5. The Headmaster, Senior Secondary School, Sugaon, Sugaon, Block-
Makhdumpur, District- Jehanabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Bihari Singh, Adv.
For the Respondent/s : Mr. Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
counsel appearing for respondents-State.
2. With the consent of the parties, the present writ
application is being disposed of at this stage itself.
3. The petitioner in the present writ application has
prayed for the grant of following reliefs:
“i. For issuance of an
appropriate writ/writs in the nature of
MANDAMUS for commanding and
directing the respondents to complete
the process of online updation of
joining in E-Shikshakosh of Education
Department in view of acceptance of
his joining on dated 30.03.2024 by the
Headmaster of School in response to
formal letter of appointment and
Patna High Court CWJC No.5857 of 2026(2) dt.05-05-2026
2/3
posting after selection for the post of
School Teacher (Class 11-12) under
Bihar Public Service Commission's
Teacher Recruitment Examination 2.0
("TRE 2.0") vide Advertisement No.
27/2023 and further prayer to allow
him to function against respective post
and pay salary and other entitlements
like other counterparts and for other
necessary relief relief's on the basis of
facts and circumstances of the case as
stated, enumerated and discussed
hereinafter.”
4. Learned counsel for the petitioner submits that for
seeking the aforesaid relief, the petitioner has already filed a
representation dated 15.10.2024 (Annexure-P/5) before the
Director, Secondary Education, Government of Bihar, Patna,
and the same continues to be pending. He, therefore, submits
that an appropriate direction be given to the Director, Secondary
Education (respondent no.2) to dispose of the pending
representation of the petitioner within a fixed time frame, after
giving an opportunity of hearing to the petitioner.
5. To the aforesaid submission made by learned
counsel for the petitioner, learned counsel appearing for
respondents-State does not have any objection.
6. Considering the limited nature of prayer made by
learned counsel for the petitioner, this writ application is
disposed of directing the Director, Secondary Education,
Patna High Court CWJC No.5857 of 2026(2) dt.05-05-2026
3/3
Government of Bihar, Patna (respondent no.2) to dispose of the
pending representation of the petitioner dated 15.10.2024
(Annexure-P/5) within three months from the date of
receipt/production of a copy of this order, after giving an
opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the Director, Secondary Education,
Government of Bihar, Patna should be a reasoned and speaking
order and in the event of the petitioner being found entitled to
the relief as claimed by him in the representation, the same
should be extended to the petitioner within a further period of
three months from the date of passing of the final order.
8. With the aforesaid observation and direction the
present writ application stands disposed of. All pending I.As, if
any will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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