Kajal Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12496 of 2025 ====================================================== Kajal Jaiswal D/o Umashankar Choudhary, r/o Ward No. 25, Supaul Nagar Parishad, Supaul, P.S.- Supaul, Distt. Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Department of Education, Govt. of Bihar, Patna.

2.

The Principal Secretary, Department of Education, Govt. of Bihar, Patna. 3.

The Director, Department of Education (Primary Education), Govt. of Bihar, Patna.

4.

The Chairman, Bihar Public Service Commission, Patna. 5.

The Controller of Examination, Bihar Public Service Commission, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinham Advocate For BPSC :

Mr.Sanjay Pandey, Advocate For the Respondent/s :

Mr.AC to AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-08-2025 Heard learned counsel appearing on behalf of the petitioner; learned counsel for the Bihar Public Service Commission and the learned counsel for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:- "(i) That the present writ application is filed for issuance of writ "CERTIORARI" in nature, setting aside the order of allotted district vide order dt. 01/07/2025 issued under signature of respondents by which the allotted district of petitioner for appointment to post of Head Teacher was changed from Supaul to Jamui having her name at Sl.No.15778.

(ii) To issue writ of "CERTIORARI' in nature to set aside the order as contained in memo no.1824 dated 01.07.2025 by which earlier published district allotment was cancelled and new district allotment was made for appointment of Head Teacher.

(iii) For issuance of writ "MANDMUS" in nature directing the respondents authorities to take a final decision upon the representation of petitioner in accordance with law. (iv) To any other relief(s) for which petitioners are entitled for in the facts and circumstances of the case."

Patna High Court CWJC No.12496 of 2025(2) dt.05-08-2025 2/2

3. The petitioner is aggrieved by having not been given the choice posting as per the policy of the State Government.

4. It is well settled principal of law that the Court should restrain from interfering in any manner, unless and until the policy of the State Government is arbitrary. As such, this Court restrains itself, in absence of any discrimination having been pointed out by the learned counsel appearing on behalf of the petitioner.

5. Learned counsel appearing on behalf of the petitioner informs that the petitioner has already filed a representation before the Director, Primary Education for considering her grievance, as prayed for in the present writ petition.

6. The Director, Primary Education is directed to consider the case of the petitioner and pass an order after providing due opportunity of hearing to her, well within a period of two weeks, without further delay.

7. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J) chn/- U