Vikash Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15681 of 2025 ====================================================== 1.

Vikash Kumar Paswan Son of Ram Chandra Paswan, Resident of VillageBahilwara Dhanushi, P.S.- Runisaidpur, Distt- Sitamarhi. 2.

Vivek Kumar, Son of Rmanand Prasad, Resident of Village- Janki Asthan Ward No. 02, P.S- Punaura, Distt- Sitamarhi.

3.

Rekha Kumari, Wife of Arjun Kumar Thakur, Resident of VillageBhaurgardh Bhawar, P.S- Nanpur, Distt- Sitamarhi. 4.

Pankaj Yadav, Son of Kailash Prasad Yadav, Resident of Village- Amghatta Road, P.S- Dumra, Distt- Sitamarhi.

5.

Mala Kumari, Daughter of Vimlesh Kumar, Resident of Village- Anchal Gali, Ward No. 24, P.S- Sitamarhi, Distt- Sitamarhi. 6.

Asha Kumari, Wife of Mukesh Kumar, Resident of Village- Rewasi, PostRewasi, PS- Riga, Distt- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Human Resources Department Bihar, Patna.

2.

The Chairman, Primary Education Department, Bihar, Patna. 3.

The Secretory, Primary Education Department, Bihar Patna. 4.

The Addl. Chief Secretary, Education Department, Bihar Patna. 5.

The Collector-cum-Distt.-Magistrate, Sitamarhi. 6.

The Collector-cum-Distt.-Magistrate, Banka.

7.

The Collector-cum-Distt.-Magistrate, Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar For the Respondent/s :

Government Pleader 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-09-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners have approached this Court for the following reliefs:- (i) For directing the respondent authorities to

Patna High Court CWJC No.15681 of 2025(2) dt.22-09-2025 2/3 quash the letter no.1837 dated 01.07.2025, issued by the Chairman, Primary Education, Education Department, Bihar, Patna, whereby and whereunder the matter has related with the appointment of designated post as Head Teacher in which department concern has issued a notification through BPSC Examination. Those candidates who have fulfill terms and conditions have applied for the post and after due processes they have qualified then the department concern directed to choice of district for posting as Head Teacher. So that the petitioners have filled three districts as per choice but unfortunately the respondents have allotted as per not filing choice district rather allotted Districts are far away from choice filled district which is illegal in law.

(ii) For directing the respondent authorities to allot home district as per choice filing any three district for appointment.

(iii) For any other relief(s) to which the petitioner is found entitled in accordance with law.

3. Learned counsel for the petitioners submits that, despite options having been sought by the concerned Department for allocating districts in terms of the policy decision taken by the State Government, the petitioners have been allocated to districts which are 200-500 km away from their native districts. It is further submitted that there are six petitioners, who are said to be teachers appointed on the recommendation of the Bihar Public Service Commission, but the policy framed in this regard has not been respected in their

Patna High Court CWJC No.15681 of 2025(2) dt.22-09-2025 3/3 cases. Therefore, the petitioners pray that this case be decided in terms of the decision rendered by a coordinate Bench of this Court in CWJC No. 11252 of 2025, vide judgment dated 30.08.2025 (Preeti Kumari & Ors. v. State of Bihar & Ors.).

4. Considering the aforesaid, the petitioners are directed to submit their individual representations, appending the requisite documents, so that their cases may be decided in light of the decision rendered by the learned Single Judge in CWJC No. 11252 of 2025. Upon submission of such representations, the authorities competent in law shall be obliged to take a decision within a period of eight weeks from the date of representation, and the necessary orders passed on the petitioners' representations shall be communicated within two weeks thereafter.

5. Accordingly, the instant writ application stands disposed of.

(Ajit Kumar, J) shikha/- U