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2025 DAILYLAW 64546 (PAT)

Raju Kumar Yadav v. The State of Bihar

CWJC/12128/2025 · 2025-09-02

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12128 of 2025 ====================================================== 1. Raju Kumar Yadav S/o Barameshwar Yadav, R/o Village- Sarasti, P.S.- Itarhi, District- Buxar. 2. Deepak Kumar S/o Nagendra Prasad Singh, R/o Village- Srisia Jagdish, P.S.- Kathaiya, District- Muzaffarpur. 3. Runna Kumar S/o Shiv Shankar Singh, R/o Village- Asha Parari, P.S.- Asha Parari, District- Buxar. 4. Kanchan Kumari Pandey D/o Satyanarayan Pandey, W/o Santosh Kumar, R/o Village and P.O- Jamauli, P.S- Rajpur, District- Buxar. 5. Pulak Priya W/o Sujit Jha, R/o Village and P.O.- Suryapur, P.S.- Tajpur, District- Samastipur. 6. Rupesh Kumar S/o Jawahar Lal Poddar, R/o Village and P.O.- Jadia, P.S.- Jadia, District- Supaul. 7. Kavita Kumari S/o Jayram Prasad, R/o Village and P.O.- Kujapi, P.S.- Chaudauti, District- Gaya. 8. Anshuman Kumar Rai S/o Harendra Kumar Rai, R/o Village and P.O.- Boksa, P.S.- Buxar Muffasil, District- Buxar. 9. Dimple Kumari W/o Shahikant Prasad, R/o Village and P.O.- Bansopali, P.S.- Siwan, District- Siwan. 10. Poonam Sharma D/o Upendra Kumar Sharma, W/o Kunal Pandey, R/o Village- Pandaydih, P.O. and P.S.- Jhajha, District- Jamui. 11. Pushpa Kumari D/o Yogendra Rai, W/o Rajendra Rai, R/o Village- Ishupur, P.O.- Manupur, P.S.- Dighwara, District- Saran. 12. Vikas Kumar S/o Prabhat Kumar Verma, R/o Village and P.O.- Morwa, P.S.- Musrigharari, District- Samastipur. 13. Vibha Kumari D/o Ram Ekwal Paswan, W/o Lalit Kumar Paswan, R/o Village and P.O- Chakpahar, P.S.- Tajpur, District- Samastipur. 14. Rajeev Kumar Das S/o Chandra Deo Das, R/o Village and P.O.- Matiyar Kala, P.S.- Sahiyara, District- Sitamarhi. 15. Santosh Kumar Ray S/o Jaylal Ray, R/o Village- Parsa, P.O.- Amardah, P.S.- Isuapur, District- Saran. 16. Om Prakash Ram S/o Ram Pravesh Ram, R/o Village and P.O- Bel, P.S.- Bairgania, District- Sitamarhi. 17. Kumari Basundhra Priyadarshni D/o Late Awadh Bihari Prasad, W/o Mahesh Kumar Mauna, R/o Village and P.O- Bairo, P.S.- Supaul, District- Supaul. 18. Mantu Kumar Sharma S/o Rekha Sharma, R/o Village and P.O- Karwandiya, P.S.- Sasaram, District- Rohtas. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Education Patna High Court CWJC No.12128 of 2025(3) dt.02-09-2025 2/4 Department, Government of Bihar, Patna. 2. The Additional Chief Secretary, Education Department, Government of Bihar, Patna. 3. The Director, Primary Education, Education Department, Government of BIhar, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar, Adv. Mr. Mukesh Kumar Singh, Adv. Mr. Arinjay Kumar, Adv. For the Respondent/s : Mr. Madhaw Pd. Yadav, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 02-09-2025 Heard the parties. 2. The petitioners have approached this Court seeking a direction upon the respondent authorities to consider and include the name of the petitioners in the list of candidates of Head Teacher for posting at Government Primary Schools published vide order contained in Memo No. 1837 dated 01.07.2025, issued by the Director, Primary Education, whereby the Head Teachers have been allotted different districts for posting. 3. Learned Advocate for the petitioners submitted that despite the fact that preferential option for posting was invited from all the successful candidates and accordingly the preferences were submitted by the petitioners, but they have not been included in the list of candidates of Head Teachers for posting. For inclusion of their name, the petitioners have represented before the Director, Primary Education by filing separate Patna High Court CWJC No.12128 of 2025(3) dt.02-09-2025 3/4 representation, some of which have been placed on record. 4. Notwithstanding the aforesaid fact, till date, the name of the petitioners have not been included in the list of the Head Teachers for posting at Government Primary Schools. It is the contention of the petitioners that the teachers, who are aggrieved with the action of the respondents in not extending the preferential district, they have approached this Court by filing various writ petitions and a bunch of the writ petitions came to be disposed off by this Court in CWJC No. 11252 of 2025 and other analogous cases vide order dated 30.08.2025, giving direction to the respondents to invite objection from the petitioners and consider the same by the duly constituted Committee and take appropriate action. 5. Mr. Madhaw Prasad Yadav, learned GP-23 has submitted that since the name of the petitioners are not in the list of the candidates of Head Teachers for posting and it appears that because of some reasons, their names have not been included; thus, a counter affidavit would be required in the matter. 6. Having considered the submissions set-forth by learned Advocate for the respective parties and taking note of the grievance that the name of the petitioners have not been Patna High Court CWJC No.12128 of 2025(3) dt.02-09-2025 4/4 included in the list of candidates of Head Teachers for posting at Government Primary Schools, it would be apt and proper to relegate the matter before the Director, Primary Education, Government of Bihar, where all the petitioners shall file their separate representation with the necessary document, preferably within a period of two weeks’, from today. 7. In case, such representations are filed, the respondent Director, Primary Education shall consider the same and take appropriate action to include the name of the petitioners in the list of Head Teachers meant for posting at Government Primary Schools, if the claim of the petitioners found admissible, in accordance with law as also in terms with the policy adopted by the State Government. 8. With the aforesaid direction, the writ petition stands disposed off. shivank/- (Harish Kumar, J) U