Shivashish Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16122 of 2025 ====================================================== Shivashish Choudhary Son of Ramashish Choudhary, Resident of Ward No. 33, Mohalla- Mungeriganj Kachahari Road, P.S. Sadar, District Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Additonal Chief Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Secretary, Education Department, Govt. of Bihar, Patna. 4.

The Director Primary Education, Education Department, Govt. of Bihar, Patna.

5.

The District Education Officer, Begusarai, District Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Rashid Alam, Advocate For the Respondent/s :

Mrs. Archana Meenakshee, GP (6) Mr. Rohit Singh, AC to GP-6 Mr. Ranaveer Prawar, AC to GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 10-10-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ petition has been filed for the following reliefs :- A. For direction to the respondent authorities to formulate and implement a transparent merit- cum-choice based Govt. Policy

2/4 for posting the petitioner on his preferred block in the District of Begusarai after issuing afresh posting order on merit-cum-choice basis.

B. For granting any other relief or reliefs to which the petitioner is entitled in the opinion of this Hon'ble court in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the petitioner was appointed on the post of Head-Master in the middle school on the basis of examination conducted by Bihar Public Service Commission (for brevity 'BPSC') under an advertisement No.26 of 2024. After declaration and publication of results by the BPSC, the respondent-authority, conducted counseling and by the order issued by the Director, Primary Education, as contained in Letter No.11/B/11-222/2023/1616 dated 30.06.2025, allotted the petitioner for posting in the district of Begusarai.

4. It has next been contended that for allotting different blocks within the district of Begusarai, the petitioner was asked for his choice of posting on the basis of merit-cumchoice and accordingly, the petitioner is said to have submitted his choice within the district being Begusarai Matihani Barauni, Beerpur and Ballia respectively. It has next been submitted that despite options having been asked for submitting the choice for

3/4 being posted in the blocks within the district, the authorities while allotting blocks have not considered the seniority as well as choice which is submitted by him.

5. At this stage, learned counsel for the petitioner submits that in similarly situated cases, the Co-ordinate Bench of this Hon'ble Court has directed the authorities to consider their cases strictly in terms of the policy taken by the State Government and for buttressing his submission, the order passed in C.W.J.C. No.11187 of 2025 and its analogous cases has been referred for issuing directions upon the respondent to consider his case strictly in terms with the order passed in the aforesaid case.

6. On the other hand, learned counsel for the respondent submits that this case may also be directed to be disposed of in terms of the order passed in C.W.J.C. No.11187 of 2025 and its analogous cases.

7. Considering the aforesaid, the learned counsel for the petitioner is directed to submit a representation in continuation with the earlier representation dated 17.07.2025 by bringing on record other materials / documents, which in the opinion of this petitioner would be relevant for consideration of his case and along with the copy of order passed by this Court,

4/4 for carrying out the necessary formalities. It is accordingly, directed that on submission of such representation and along with the copy of this order, the authorities shall be obliged to take a final decision within a period of eight weeks and necessary order shall be communicated to the petitioner within the same time.

8. Accordingly, the writ petition is disposed of. (Ajit Kumar, J) sharun/- U