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Patna High Court

Manisha KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Additional Chief Secretary, Education Department, Bihar, to dispose of the petitioner’s pending representation within six months and, if she is found entitled, to issue the appointment letter within four months.

Summary

Manisha Kumari, a candidate selected in the merit list for a Class 9‑10 TGT teaching post under Advertisement No. 9 वव० प० स०/14/2019/406, filed a writ seeking issuance of her appointment letter. An earlier writ (CWJC 15798/2024) was dismissed as withdrawn, granting her liberty to approach the competent authority via a representation. She sent a representation on 5 February 2025 to the Additional Chief Secretary, Education Department, Bihar, which remains pending. The petitioner prayed for a court direction to dispose of the representation within a fixed period and, if she is entitled, to issue the appointment letter. The court, finding no objection from the respondents, ordered the Additional Chief Secretary to dispose of the pending representation within six months and, if relief is warranted, to grant the appointment within four months of the final order. The writ application was consequently disposed of with these directions.

Issues considered

  • What relief, if any, is available to a candidate selected in a merit list but denied an appointment letter under the relevant advertisement and STET qualification?
  • Whether the High Court can direct the Education Department to dispose of a pending representation within a specified time and issue the appointment if the candidate is found entitled.

Subjects

  • teacher appointment
  • STET 2019
  • writ of mandamus
  • representation pending
  • administrative delay
  • education department
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.728 of 2026
                 ======================================================
                 Manisha Kumari D/o Sanjay Kumar Sharma, resident of Ward No. 42, Near
                 Sharma Tola, Mirjapur, Banduar, Begusarai, Police Station - Town, District -
                 Begusarai.
                                                                           ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar through the Chief Secretary, Sachivalaya, Bailey Road,
                  Patna.
           2.    Additional Chief Secretary, Education Department, Government of Bihar,
                 Vikash Bhawan, Sachivalaya, Bailey Road, Patna.
           3.    The Director, Secondary Education, Government of Bihar, Vikash Bhawan,
                 Sachivalaya, Bailey Road, Patna.
           4.    The Chairman, Bihar School Examination Board, Frazer Road, Patna.
           5.     The Secretary, Bihar School Examination Board, Frazer Road, Patna.
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Pankaj Kumar Das, Adv.
                 For the Respondent/s   :         Mr. Government Pleader-14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   20-01-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the respondents-State.

                               2. With the consent of the parties the present writ

                   application is disposed of at this stage.

                               3. In the present writ application the petitioner has

                   prayed for the grant of following reliefs:

                                              “1.(i) That the petitioner prays for issuance of
                                            a writ/writs, order/orders, direction/directions
                                            to the respondents to issue appointment letter to
                                            the petitioner as a Teacher for (Class 9-10 TGT)
                                            as per advertisement No., Memo No. 9 वव० प०
                                            स०/14/2019/406 on the basis of marks obtained
                                            by petitioner for Science Subject in category
Patna High Court CWJC No.728 of 2026(2) dt.20-01-2026
                                            2/4




                                  EBC.


                                      (ii) Whereby Government of Bihar Education
                                  Department by order dated 26.06.2021, directed
                                  that the candidates who appeared in Secondary
                                  Teacher Eligibility Test 2019 (STET 2019) shall
                                  be treated as a qualified, if they have secured
                                  minimum qualifying marks and all such
                                  candidate including petitioner shall now be
                                  entitled to participate and selected. Here,
                                  petitioner qualify and selected in the merit list.
                                       For issuance of any other relief or reliefs
                                  which the Hon’ble Court may deem fit and
                                  proper in the facts and circumstances of the
                                  case.”


                      4. Learned counsel for the petitioner submits that for

          seeking the aforesaid relief, the petitioner had earlier also filed a

          writ application bearing CWJC No.15798 of 2024, which was

          dismissed as withdrawn on 24.10.2024 (Annexure-P/4) granting

          liberty to the petitioner to move before the Competent Authority

          for seeking the relief prayed in the said writ petition by way of a

          representation.

                      5. Learned counsel for the petitioner submits that in

          terms of the liberty granted by order dated 24.10.2024 passed in

          CWJC No.15798 of 2024, the petitioner had filed/sent a

          representation dated 05.02.2025 to the Secretary, Education
Patna High Court CWJC No.728 of 2026(2) dt.20-01-2026
                                            3/4




          Department, Bihar, Patna who also happens to be the Additional

          Chief Secretary (respondent no.2). The petitioner further

          submits that although the representation was sent by registered

          post on 05.02.2025 to the respondent no.2, the same is still

          pending and has not been decided by the said authority. He,

          therefore, prays that an appropriate direction be issued to the

          Additional Chief Secretary, Education Department, Government

          of Bihar, Patna (respondent no.2) to dispose of his pending

          representation dated 05.02.2025 within a fixed time frame, after

          giving an opportunity of hearing to the petitioner.

                      6. To the aforesaid prayer being made by learned

          counsel for the petitioner, learned counsel appearing for

          respondents-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 Additional Chief Secretary,

          Education Department, Government of Bihar, Patna to dispose

          of the pending representation of the petitioner dated 05.02.2025

          (Annexure-P/3)         within     six    months   from   the   date   of

          receipt/production of a copy of this order, after giving an

          opportunity of hearing to the petitioner. Needless to emphasize

          that the final order which shall be passed by the respondent no.2
          Patna High Court CWJC No.728 of 2026(2) dt.20-01-2026
                                                      4/4




                    should be a reasoned and speaking order. It is further made

                    clear that in case the petitioner is found entitled to the relief,

                    which the petitioner is claiming through the pending

                    representation, then the same should be extended to the

                    petitioner within a further period of four months from the date

                    of passing of the final order by the respondent no.2.

                                8. With the aforesaid observation and direction, the

                    present writ application stands disposed of. Pending I.As, if any

                    will be deemed to have been disposed of.


                                            (Alok Kumar Sinha, J)

Prakash Narayan
U


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