Shahina Parvin v. The State Of Bihar

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 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

2/5 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

3/5 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

4/5 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

5/5 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