Sarita Kalyani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13421 of 2025 ====================================================== Sarita Kalyani W/o Binay Kumar Suman, D/o- Chandradeep Rakesh R/o- Flat No.- 404, ABC Complex, Makhdumpur, Digha, District- Patna- 800011. ... ... Petitioner/s
Versus
1.
The State of Bihar through its Principal Secretary, Education Development, Govt. of Bihar, Patna.
2.
The Examination Controller, Bihar Public Service Commission, Patna. 3.
The Director, Primary Education, Govt. of Bihar, Patna. 4.
District Education Officer, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Respondent/s :
AC to GP-18 For the BPSC :
Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-08-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the BPSC.
2. The present writ application has been filed for the following reliefs:- (i) To quash the order vide Memo No.1934 dated 4.07.2025, issued under signature of Director Education, Patna, whereby and whereunder petitioner has been directed to give joining in Primary School, Jagdishpur in Block of Bakhtiayarpur, District- Patna, mentioned at Serial No.102, the place of posting without following the mandatory provisions i.e. merit cum choice basis and also neglecting the roaster clearance as
Patna High Court CWJC No.13421 of 2025(2) dt.25-08-2025 2/3 stipulated in Advertisement No.25 of 2024 of Education Department, Govt. of Bihar.
(ii) To place the petitioner at her respective place of posting in accordance with her merit cum choice basis in the three Blocks opted by the petitioner in the District of Patna.
(iii) For a direction to stay the operation of the order vide Memo No.PAT/ADV25/2024/PAL/HT/9255349 dated 17.07.2025 till the disposal of present writ application.
(iv) For any other relief(s) to which the petitioner is found entitled to in accordance with law.
3. It is the case of the petitioner that despite policies having been framed by the State Government for the purpose of allocation of Blocks within the District and the choice having been submitted for getting choice posting to this petitioner, who is a lady, has sought intervention by appending the choice submitted on web-portal, which is appended as Annexure-P/5, as per the same, it is apparent that the first choice given by her was Patna Sadar Urban, the second choice was Patna Sadar Rural, and the third choice was Phulwarisharif. It is the case of the petitioner that without reasons unexplained, none of the choices has been considered, and her posting is given completely to a place which is not mentioned in the option. It is
Patna High Court CWJC No.13421 of 2025(2) dt.25-08-2025 3/3 the case of the petitioner that while carrying out exercise of her postings, the petitioner was not heard and even the fresh choice was not sought for and altogether the place which has been allotted is 80kms away from her place of residence and this petitioner being a lady is facing great difficulty which needs to be considered by the authorities competent in law. In this regard, various orders passed by this Court relegating matter has been referred and requested to direct the same, be considered by the appropriate authorities within a stipulated period.
4. It is in the same light, this petition is also directed to be considered by the competent authorities within a period of six weeks from today and in case of any further assistance being required, appropriate notice shall be issued giving specific reasons for the same, which shall be complied by the petitioner and proper assistance shall be provided by the petitioner, so that the matter can be adjudicated by the competent authority within the aforesaid time.
5. With the aforesaid observation and direction, this application stands disposed of.
(Ajit Kumar, J) shikha/- U