Usha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13076 of 2025 ====================================================== Usha Kumari Wife of Sanjay Kumar, resident of M.I.G. 98, Road No.1, near Raj Nursing Home, Chanakya Puri Colony, Gaya, P.S. Rampur, DistrictGaya. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Education Department, Government of Bihar, Patna.
3.
The Director, Primary Education Education Department, Government of Bihar, Patna.
4.
The Regional Deputy Director of Education, Magadh Division, Gaya. 5.
The District Education Officer, Nawada.
6.
The District Magistrate, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Singh, Advocate For the Respondent/s :
Mr. Government Pleader (22) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 22-09-2025 Heard the parties.
2. The petitioner has approached this Court for the following reliefs:
(i) For issuance of an appropriate in the nature of Certiorari for quashing the part of the memo No. 11/V-11-222/2023-1755 dated 11.07.2025 whereby and whereunder the respondent no.3 was pleased to transfer and post the petitioner in Nawada District, Narhat Block, Ucha Madhyamik Vidyalaya, Jamuaara though the petitioner has opted Gaya District.
(ii) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authorities to post the petitioner
Patna High Court CWJC No.13076 of 2025 dt.22-09-2025 2/3 to Gaya District in any vacant post because large number of post is still vacant either on non-joining of the selected person or in similar school were posting has not been made in the from said list.
(iii) Further, for issuance of any other appropriate writ/writs, order/orders, direction/directions for which the petitioner would be found to be entitled under the facts and circumstances of the case.
3. Learned Advocates for the respective parties, after some arguments, fairly submitted that the identical issue has come up for consideration before this Court in CWJC No. 11252 of 2025 [Preeti Kumari & Ors. Vs. The State of Bihar & Ors.] along with other analogous cases which came to be disposed off on 30.08.2025, wherein this Court in penultimate paragraph has observed and directed the Additional Chief Secretary, Education Department, Government of Bihar, Patna to convene a meeting with the Director, Secondary Education as well as the Director, Primary Education, to frame a model for redressal of grievance of allocation of nearby district after inviting objection, preferably within a period of four weeks from the date of receipt/production of a copy of the order.
4. Learned Advocate for the petitioner further submitted at the Bar that there are some of the Teachers, who have submitted their joining under protest on the place beyond
Patna High Court CWJC No.13076 of 2025 dt.22-09-2025 3/3 preferential option(s) and their claim has not been taken care of in the afore-noted, C.W.J.C. No.11252 of 2025 along with other analogous cases, they have preferred CWJC No. 11187 of 2025 and their cases have also been disposed of vide order dated 08.09.2025, by observing that the teachers, who have submitted their joining under protest, are in no way deprived from filing objection.
7. Considering the submissions, the present writ petition also stands disposed off in terms with the decisions rendered in the case of Preeti Kumari (supra) as also in CWJC No. 11187 of 2025 [Archana Kumari vs. The State of Bihar & Ors.] along with other analogous cases which came to be disposed of on 08.09.2025.
(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.09.2025 Transmission Date NA