Shamina Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19061 of 2025 ====================================================== Shamina Khatoon Daughter of Kashim Miya, Resident of Village- Tikuliya, Ward No. 13, Post Office- Raykararia, Ray Karaia, Police Station- Paharpur, District- East Champaran at Motihari.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.
3.
The Director, Public Education, Govt. of Bihar, Patna. 4.
The District Magistrate, East Champaran, Motihari. 5.
The District Education Officer, East Champaran, Motihari. 6.
The District Programme Officer, Secondary Education and Literacy, East Champaran, Motihari.
7.
The District Programme Officer (Establishment), East Champaran, Motihari. 8.
The District Programme Officer, (D.P.O.) (SSA), East Champaran, Motihari. 9.
The Block Development Officer, Paharpur, District- East Champaran, Motihari.
10.
The Block Education Officer, Paharpur, District- East Champaran, Motihari. 11.
The Headmaster, Govt. Upgraded Middle School Tikuliyagarh, AnchalPaharpur, District- East Champaran, Motihari. 12.
Ajmeri Khatoon, Wife of Meraj Alam, Resident of Village- Eraji Tikuliya, Ward No. 12, Post Office- Pahariya, District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Mishra, Adv.
For the State :
Mr. S. Raza Ahmad, AAG-5, Mr. Vishwambhar Prasad, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. The instant writ petition has been filed for the following reliefs:- "1. (I). For issuance of an
2/4 appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioner for her selection as Talimi Markaz in Govt. Upgraded Middle School Tikuliyagarh, Anchal - Paharpur, District - East Champaran, Motihari, in the light of Tola Sevak and Shiksha Swayamsevi Selection and Service Condition Guidelines, 2018 wherein in para -4 it has clearly and specifically been mentioned that only candidates of concerned Tola for which, the post has been advertised would be considered for selection but the respondent authorities concerned by violating the said guidelines, are trying to select / appoint the private respondent Ajmeri Khatoon who is resident of another Tola i.e. Eraji Tikuliya which is not just and proper.
(II). For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioner for her selection as Talimi Markaz in Govt Upgraded Middle School Tikuliyagarh, Anchal Paharpur, District-East Champaran, Motihari, as the petitioner is the only candidate from the Tola ie. Tikuliyagarh, Anchal -Paharpur, DistrictEast Champaran for which the post was advertised and as per the rules and guidelines, she is only entitled for her selection on the said post (III). For issuance of an appropriate writ in the mandamus as an
3/4 alternative prayer of the petitioner for directing the respondent authorities concerned to dispose of the representations of the petitioner by reasoned and speaking order by ventilating the genuine grievances of the petitioner for her selection as Talimi Markaz in Govt. Upgraded Middle School Tikuliyagarh, Anchal Paharpur, District - East Champaran.
(IV). For issuance of any other writ/writs, order/orders, direction/directions for which the petitioner will be entitled in the facts and circumstances of the present case."
3. Learned counsel for the petitioner submits that the petitioner in order to ventilating her grievances, for which the instant writ petition has been filed, has already submitted a representation, which is appended with the writ petition as Annexure-P/7 series, but the same has not been adjudicated by the authority competent in law and further prays for appropriate direction to be issued against the concerned respondents to adjudicate the same within the time framed.
4. On the other hand, learned counsel for the State does have any objection to the same, if the concerned authority is directed to adjudicate the matter by framing timeline for the same.
5. Considering the aforesaid, the petitioner is directed
4/4 to file fresh representation in continuation with the earlier representation with supportive materials to ventilate her grievances.
6. On submission of such representation within a period of two weeks from today, the same shall be considered by the District Programme Officer (SSA), East Champaran, Motihari (respondent no. 8), within a period of six weeks from today, and necessary order shall be passed and on such adjudication, if the same finds favour, the consequential benefits shall be granted.
7. Accordingly, the instant writ petition stands disposed of.
(Ajit Kumar, J) pravinkumar/- U