Manisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.728 of 2026 ====================================================== Manisha Kumari D/o Sanjay Kumar Sharma, resident of Ward No. 42, Near Sharma Tola, Mirjapur, Banduar, Begusarai, Police Station - Town, District - Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Sachivalaya, Bailey Road, Patna.

2.

Additional Chief Secretary, Education Department, Government of Bihar, Vikash Bhawan, Sachivalaya, Bailey Road, Patna. 3.

The Director, Secondary Education, Government of Bihar, Vikash Bhawan, Sachivalaya, Bailey Road, Patna.

4.

The Chairman, Bihar School Examination Board, Frazer Road, Patna. 5.

The Secretary, Bihar School Examination Board, Frazer Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Das, Adv.

For the Respondent/s :

Mr. Government Pleader-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 20-01-2026 Heard learned counsel for the petitioner and learned counsel for the respondents-State.

2. With the consent of the parties the present writ application is disposed of at this stage.

3. In the present writ application the petitioner has prayed for the grant of following reliefs:

"1.(i) That the petitioner prays for issuance of a writ/writs, order/orders, direction/directions to the respondents to issue appointment letter to the petitioner as a Teacher for (Class 9-10 TGT) as per advertisement No., Memo No. 9 वव०प० स०/14/2019/406 on the basis of marks obtained by petitioner for Science Subject in category

2/4 EBC.

(ii) Whereby Government of Bihar Education Department by order dated 26.06.2021, directed that the candidates who appeared in Secondary Teacher Eligibility Test 2019 (STET 2019) shall be treated as a qualified, if they have secured minimum qualifying marks and all such candidate including petitioner shall now be entitled to participate and selected. Here, petitioner qualify and selected in the merit list. For issuance of any other relief or reliefs which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

4. Learned counsel for the petitioner submits that for seeking the aforesaid relief, the petitioner had earlier also filed a writ application bearing CWJC No.15798 of 2024, which was dismissed as withdrawn on 24.10.2024 (Annexure-P/4) granting liberty to the petitioner to move before the Competent Authority for seeking the relief prayed in the said writ petition by way of a representation.

5. Learned counsel for the petitioner submits that in terms of the liberty granted by order dated 24.10.2024 passed in CWJC No.15798 of 2024, the petitioner had filed/sent a representation dated 05.02.2025 to the Secretary, Education

3/4 Department, Bihar, Patna who also happens to be the Additional Chief Secretary (respondent no.2). The petitioner further submits that although the representation was sent by registered post on 05.02.2025 to the respondent no.2, the same is still pending and has not been decided by the said authority. He, therefore, prays that an appropriate direction be issued to the Additional Chief Secretary, Education Department, Government of Bihar, Patna (respondent no.2) to dispose of his pending representation dated 05.02.2025 within a fixed time frame, after giving an opportunity of hearing to the petitioner.

6. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondents-State does not have any objection.

7. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of directing the Additional Chief Secretary, Education Department, Government of Bihar, Patna to dispose of the pending representation of the petitioner dated 05.02.2025 (Annexure-P/3) within six months from the date of receipt/production of a copy of this order, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the respondent no.2

4/4 should be a reasoned and speaking order. It is further made clear that in case the petitioner is found entitled to the relief, which the petitioner is claiming through the pending representation, then the same should be extended to the petitioner within a further period of four months from the date of passing of the final order by the respondent no.2.

8. With the aforesaid observation and direction, the present writ application stands disposed of. Pending I.As, if any will be deemed to have been disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U