Santosh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14185 of 2025 ====================================================== 1.
Santosh Kumar Singh Son of Sri Prahlad Singh, Resident of Village- Karjan, P.O. Karaji, P.S. Chainpur, District- Kaimur, presently posted as Executive Teacher, NPS Babhaniyanw Chainpur, Kaimur.
2.
Mamta Kumari, Wife of Sri Harendra Kumar, Resident of Village- Kolhua, P.O. Kulhuan, P.S. Adaura, District- Kaimur, presently posted as Executive Teacher NPS Chumuruka Adhaura, Kaimur.
3.
Amit Kumar Patel, Son of Sri Shiv Dular Singh, Resident of Village- Isiya, P.O. Bradhi, P.S. Chainpur, District- Kaimur, presently posted as Executive Teacher, M.S. Khajura Rampur, District Kaimur. 4.
Pappu Sah, Son of Sri Ganga Sah, Resident of Village- Adhaura, P.O. Adhaura, P.S. Adhaura, District Kaimur, presently posted as Executive Teacher UMS Pipara Adhaura, District Kaimur.
5.
Sunil Kumar, Son of Sri Khushi Lal Singh, Resident of Ward No.3, P.O. and P.S. Bhabhua, District- Kaimur, presently posted as Executive Teacher, NPS Mokarampurab Patti, Bhagwanpur, Kaimur.
6.
Sajahar Ali, Son of Md. Ashin Ali, Resident of Ward No.3, P.O. and P.S. Bhabhua, District- Kaimur, presently posted as Executive Teacher UMS Singhi Bhawanpur, Kaimur.
7.
Ranjit Kumar Singh, Son of Shri Krishna Singh, Resident of VillageDatiyaun, P.O. Kudasan, P.S. Bhabhua, District- Kaimur, presently posted as Executive Teacher PM Shri Rajya Samposhit plus 2 School Adhaura, Kaimur.
8.
Angad Kumar, Son of Sri Haregobind Prasad, Resident of Ward No. 23, Purab Mohalla P.O. and P.S. Bhabhua, District- Kaimur, presently posted as Executive Teacher, NPS Sitarampur, Bhabhua, Kaimur. 9.
Devendra Kumar Yadav, Son of Sri Mahendra Pratap Yadav, Resident of Akhalaspur Patiya, P.O. Akhalaspur, P.S. Bhabhua, District Kaimur, presently posted as Executive Teacher NPS Binova Nagar, Adhaura, Kaimur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.
2.
The Director, Primary Education, Government of Bihar, Patna. 3.
The District Education Officer, Kaimur.
4.
The District Programme Officer (Establishment), Kaimur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dudh Nath Singh For the Respondent/s :
Mr.Standing Counsel (07) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
2/5 ORAL ORDER 02-09-2025 Learned counsel for the petitioners and learned counsel for the State are present.
2. The writ petition has been filed for the following reliefs :- (i) For issuance of direction/ directions or order/ orders or an appropriate writ/ writs particularly in the nature of certiorari to quash the letter dated 01.07.2025 contained in Memo No. 1824 issued under the signature of Director (Primary Education), Education Department, Government of Bihar by which Memo No. 973 dated 03.04.2025 issued by the same authority has been cancelled and issue direction for fresh decision for allotment district to the selectees as well as order dated 01.07.2025 contained in memo no. 1837 issued under the signature of Director, Primary Education, Bihar, Patna by which fresh allotment of district for head teachers who were selecting through Bihar Public Service Commission was issued.
(ii) For issuance of direction or order or writ particularly in the nature of mandamus for commanding and directing the respondent authorities for allotment of District under the authority of Bihar Elementary School Head Teachers Rules 2024 and tis supplementary order contained in Memo No. 973 dated 03.04.2025 and
3/5 letter no. 907 dated 27.03.2025 by which options of three district and blocks were called for from the successful candidates (Selectees) after quashment of the Annexure: P/1 and P/2 of this writ petition. iii) For direction or order or an appropriate writ to disposed of the representation dated 07.07.2025 with reasoned and speaking order.
iv) For any other incidental and consequential relief to which the petitioners are found fit under the facts and circumstances of this case.
3. Learned counsel for the petitioners submits that despite recommendation having been made by the Bihar Public Service Commission and the merit having been crystallized, still the merit-cum-choice, which was invited by the authorities, have not been respected by them and the persons junior to him have been allowed posting, as per the merit and their choice.
4. At this stage, learned counsel for the petitioners submits that this matters has already been adjudicated by a Coordinate Bench of this Court in C.W.J.C. No. 11252 of 2025, Preeti Kumar and Others v. State of Bihar and Others, wherein the matter has been directed to be addressed by Director, Primary Education on submission of such representation individually.
5. The relevant portion of the order, which was
4/5 referred, is extracted hereunder :-
48. The learned Advocate General, during the course of argument(s), on the observation made by this Court, afore- noted, has submitted that the State has no difficulty to contemplate such exercise in the best interest of the remaining candidates, who because of non-availability of the vacancy in the district(s) could not get preferential allocation/posting.
49. In view of the aforesaid, this Court directs 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 this order.
50. Before parting with the decision, it is also made clear that the respondent-State shall not take any adverse action against any of the Head Teachers/Head Masters, who have not submitted their joining because of pendency of the writ petitions in their respective schools.
6. Having regard to the observations made in the said writ petition decided by a Co-ordinate Bench, accordingly, this matter is also directed to be decided upon filing of such
5/5 representation in similar terms, by giving proper hearing to these petitioners so that their grievances could be given quietus in light of the policy framed by the State Government within a period of six weeks from the date of such representation.
7. Till then, no coercive steps shall be taken against these petitioners.
8. Accordingly, the writ petition stands disposed off. (Ajit Kumar, J) sharun/- U