Chandni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12597 of 2025 ====================================================== Chandni Kumari, Wife of Sri Ashok Kumar Jha Resident of Village- Harauli, P.O.- Satighat, P.S.- Kusheshwar Asthan, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna. 2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

3.

The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate.

Mr. Shyama Kant Singh, Advocate.

For the State :

Mr. Swapnil Kumar Singh, AC to GP-19.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-08-2025 Heard Mr. Bipin Bihari Singh, learned counsel along with Mr. Shyama Kant Singh, learned counsel appearing on behalf of the petitioner and Mr. Swapnil Kumar Singh, learned AC to GP-19 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:- "That this writ petition is for setting aside the order contained in Memo No. 1837 dated 01.07.2025 issued by the Director, Primary Education, Govt. of Bihar allotting district on basis of options/ application as Head Teachers appointed on basis of recommendation of Bihar Public Service Commission ('BPSC' in short) disregards to option exercised and furnished before the department as per their instructions and further prayer for direction to authorities to undertake fresh exercise with respect to options for appointment in terms of Advertisement No. 25 of 2024 and in meanwhile respondents may be restrain from giving effects of allotment of district and appointment on point of

Patna High Court CWJC No.12597 of 2025(2) dt.05-08-2025 2/2 nullity and ignorance of options and for other necessary relief/relief's on the basis of facts and circumstances of the case as stated, enumerated and discussed hereinafter."

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. The petitioner, if so desires, may file fresh representation before the Additional Chief Secretary, Education Department, Government of Bihar, Patna for considering her grievance, as prayed for in the present writ petition.

6. The Additional Chief Secretary, Education Department 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) mantreshwar/- U