Alka Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3103 of 2026 ====================================================== Alka Kumari Daughter of Balister Ram, Resident of Village Jhajhawa, P.O. Jhajhawa Bazar, District Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Additional Chief Secretary cum Principal Secretary, Education Department, Government of Bihar, Patna. 3.

The Director, Mass Education, Government of Bihar, Patna. 4.

The District Magistrate, Gopalganj.

5.

The Deputy Development Commissioner, Gopalganj. 6.

The District Programme Officer (Saksharta), Gopalganj. 7.

The District Education Officer, Gopalganj.

8.

The Block Education Officer, Block Sidhwaliya, District Gopalganj. 9.

The Headmaster, Utkramit Middle School, Jhajhawa, Block Sidhwaliya, District- Gopalganj.

10.

Jyoti Kumari, Tola Swak, Utkramit Middle School, Jhajhawa, Block Sidhwaliya, District Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Prasad Gupta For the Respondent/s :

Government Pleader (2) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 13-03-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant writ application has been filed for the following reliefs:- (i) For quashing/ setting aside the order vide memo no.1193 dated 11.07.2025 passed by the Respondent No.7 by which the petitioner has not been found fit for selection for Tola Sewak (Siksha Sewak Talimi Markaz) despite she stood first in the merit list and the respondent no.7 has cancelled the

Patna High Court CWJC No.3103 of 2026(2) dt.13-03-2026 2/3 whole process and ordered fresh selection of Tola Sewak for the Utkramit Middle School, Jhajhawa. (ii) For directing the authorities to consider for the appointment/ selection of the petitioner who ranked first in the merit list dated 12.01.2024 prepared by the committee concerned.

(iii) For directing the respondent authorities for taking steps to conclude the recruitment process in accordance with the guidelines 2018 relating to selection and service condition of Tola Sewak and Siksha Sawam Sewak (Talimi Markaz).

(iv) For any other relief(s) to which the petitioner is found entitled in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the petitioner applied for the post of Tola Sewak in Utkramit Middle School, Jhajhawa, Block-Sidhwaliya, and stood first in the merit list prepared by the committee. However, instead of selecting the petitioner, Jyoti Kumari, who stood third in the merit list, was selected as Tola Sewak, though she did not secure the required marks for selection. It is the case of the petitioner that the petitioner was placed at Serial No. 1 in the merit list, whereas Jyoti Kumari was placed at Serial No. 3, and despite this, the petitioner was not selected for the post of Tola Sewak.

4. On the other hand, learned counsel for the State submits that without availing the remedy of second appeal before the District Magistrate, the petitioner has approached this Court.

Patna High Court CWJC No.3103 of 2026(2) dt.13-03-2026 3/3

5. Considering the submissions of the parties, this Court finds it appropriate to direct the petitioner to approach the District Magistrate, Gopalganj within a period of two weeks from today by raising the issues which have not been considered by the District Education Officer, Gopalganj. On filing of such appeal, it is expected that the District Magistrate, without entering into the issue of limitation, shall address the grievances of the petitioner on their own merits and pass necessary orders within a period of six weeks from the date of filing of the appeal.

6. With the aforesaid observations and directions, the instant writ application stands disposed of. (Ajit Kumar, J) shikha/- U