Kumari Kiran Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9360 of 2026 ====================================================== Kumari Kiran Sharma Wife of Sri Dwijendra Narayan Sharma, Resident of Quarter No. L/202 A, Barbatta Railway Colony Road No. 2 P.O. and P.S.- Sonpur- 8411041 (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar Through Chief Secretary, Government of Bihar, Patna (Bihar).

2.

The Principal Secretary, Department of General Administration, Government of Bihar, Patna. 3.

The Additional Chief Secretary, Department of Education, Government of Bihar, new Secretariat, Patna (Bihar).

4.

The Director, Primary Education, Education Department, Government of Bihar, New Secretariat, Patna (Bihar). 5.

The District Education Officer, Saran at Chapra, Bihar. 6.

The District Programme Officer (Establishment), Education Department, Saran at Chapra, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Milind Raj Dixit Mr. M.P. Dixit Mr. S.K. Chaubey For the Respondent/s :

Government Pleader (06) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 02-07-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The instant writ application has been filed for the following reliefs:- (i) For directing the respondent authorities to consider and decide the individual claim of the petitioner for allotment/ posting as Head Teacher in Sonepur Block, preferably at or near Sonepur, and in the alternative in any of her preferred blocks, namely, Chapra Sadar, Dighwara, Parsa

2/4 and Dariyapur, on compassionate ground, spouse ground and female teacher consideration, in light of the policy decision dated 07.06.2021.

(ii) For directing the respondents to take a reasoned and speaking decision on the representations dated 06.09.2025 and 27.04.2026 as well as the fresh preference submitted on 23.01.2026, printed on 27.01.2026, after taking into account that the petitioner is a female married teacher, that her husband is posted at Sonepur under East Central Railway, that the family resides at Railway Quarter No.L/202 A, Barbatta Railway Colony, Sonpur, and that she was earlier working at M.S. Pahleja, Sonepur, which was consistent with spouse ground policy.

(iii) For any other relief to which the petitioner is found entitled.

3. Learned counsel for the petitioner submits that the petitioner is a Head Teacher presently posted at N.P.S. Mani Chhapra, Saran. It is submitted that, pursuant to the directions issued by the respondents, the petitioner submitted her choice of districts through e-Shikshakosh and opted for Saran, Vaishali and Patna as her three preferences. Accordingly, she was allotted Saran district. Thereafter, she submitted her block preferences for posting within Saran district, preferably Sonepur, Chapra Sadar and Dighwara, in view of her compelling family circumstances and on the ground that her husband is working as TTI under East Central Railway at Sonepur and has been allotted a residential quarter at Sonepur. However, ignoring her

3/4 preferences, she was allotted Ekma Block and posted at P.S. Chhapia.

4. It is further submitted that the petitioner's claim is fully covered by the Government Circular contained in Memo No. 875 dated 07.06.2021, which provides preference to an employee whose husband or wife is serving under the State Government or the Central Government at the preferred place of posting. It is submitted that the petitioner is not challenging the entire re-allotment exercise and does not seek quashing of the general allotment process. The petitioner only seeks compassionate and policy-based consideration of her individual claim on spouse ground and female hardship.

5. Learned counsel appearing for the State submits that the grievance of the petitioner can appropriately be considered by the competent authority if she submits a fresh representation before respondent no. 5.

6. Having regard to the submissions advanced on behalf of the parties, this Court deems it appropriate to direct the petitioner to file a fresh representation before the respondent no.5, along with a copy of this order and all supporting documents, within a period of four weeks from today. Upon receipt of such representation, the respondent no.5, shall

4/4 consider and dispose of the same in accordance with law and the applicable policy/circulars, by passing a reasoned order within a period of six weeks thereafter. The decision so taken shall also be duly communicated to the petitioner forthwith.

7. With the aforesaid observations and directions, the instant writ application stands disposed of.

(Ajit Kumar, J) shikha/- U