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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2329 of 2026 ====================================================== Rupa Kumari W/o Manoj Kumar Mani, D/o Krishna Narayan Sah, Bhawani Nagar, Ward No.- 13, Kahara, Saharsa, P.S.- Saharsa, District- Saharsa, State- Bihar, PIN- 852201. ... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.
2. The Secretary, Human Resources Development Department, Govt. of Bihar, Patna.
3. The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.
4. The Director of Secondary Education, Government of Bihar, Patna.
5. The Collector, Madhepura.
6. The District Education Officer, Madhepura. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Jha, Adv. For the Respondent/s : Mr. Government Pleader 11 ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 3 17-06-2026 Heard learned counsel for the petitioner and learned counsel appearing for respondent-State.
2. The petitioner in the present writ application has prayed for the grant of following reliefs:
“I. For issuance of an appropriate writ/s order/(s), direction/(s) to set aside the impugned office order of Director of Secondary Education, Govt. of Bihar Vide Memo No. -11/Head Quarter 1-13/2025/3782/ Patna dated 30.12.2025 {Annex.-P(20)} and also an
order/direction to the concerned respondents Authorities to accept the Re-joining of petitioner on her own post i.e. School Adyapak (11-12) in response to her appointment letter:-MAD / ADV-27/2023 / SAL/GT (11-12)8813417 dated
Patna High Court CWJC No.2329 of 2026(3) dt.17-06-2026 2/6
13. 01. 2024 Vide Annexure-P(04) and her posting letter No;-MAD/ADV-27 /2023/ SAL/GT (11-12) 9362136 dated 18. 02. 2024 Vide Annexure-P(06) of this writ petition. II. For issuance of any other relief or relies to which the petitioner found entitled to in the larger interest of justice.”
3. This is the second round of litigation at the behest of the petitioner. Earlier also the petitioner had approached this Court vide CWJC No.1740 of 2025 seeking a direction upon the respondents to accept the joining of the petitioner on the post of School Teacher(11-12) pursuant to her appointment letter dated 13.01.2024 and her posting letter dated 18.02.2024. 4. After considering the submissions made by the parties, while disposing of CWJC No.1740 of 2025 this Court had relegated the matter to the Director, Secondary Eduction, Government of Bihar, Patna to consider the materials available on record and take a decision preferably within a period of twelve weeks from the date of receipt/production of a copy of the said order, without assigning any opinion on the merits of the case. The order dated 01.11.2025 disposing of the writ application CWJC No.1740 of 2025 has been brought on record by way of Annexure-P/18. 5. In compliance of the order dated 01.11.2025 passed in CWJC No.1740 of 2025 the Director, Secondary Education,
Patna High Court CWJC No.2329 of 2026(3) dt.17-06-2026 3/6 Government of Bihar, Patna has passed a detailed order dated 30.12.2025 (Annexure-P/20) by which the claim of the petitioner has been rejected. Aggrieved by this order the petitioner has challenged the same in the present writ application. 6. Learned counsel for the petitioner submits that the impugned order dated 30.12.2025 (Annexure-P/20) is bad in law for the reason that it has not considered the case of the petitioner properly. He, however, fails to specifically point out as to how the finding arrived at in the impugned order is in any manner perverse or incorrect. 7. Per contra, learned counsel appearing for respondent-State defends the impugned order dated 30.12.2025 (Annexure-P/20) passed by Director of Secondary Education, Government of Bihar, Patna.
He submits that there is a specific finding given in the impugned that prior to the last date of joining i.e. 31.03.2024 the petitioner did not submit any letter informing about her illness and as a result of which the vacant post was carried forward in the next Advertisement No.22 of 2024 (TRE-3) and the selection process in terms of the next advertisement has already been done and the posts have been filled up. Patna High Court CWJC No.2329 of 2026(3) dt.17-06-2026 4/6
8.
Considering the submissions made by both the parties, it is consider appropriate to quote the relevant paragraph of the impugned order dated 30.12.2025 (Annexure-P/10) which is as follows:
“vkosfndk }kjk izkIr vkosnu ,oa lquokbZ ds dze esa lefiZr rF;ksa ds lkFk fcgkj yksd lsok vk;ksx ds foKkiu la[;k&27@2023 ds rgr fu;qfDr izfdz;kvksa ls lacaf/kr lafpdk dk voyksdu fd;k x;kA vkosfndk dks dkmaflafyax fnukad& 31-12-2023 dks djk;k x;kA dkmaflfyax ds Ik”pkr~ vkosfndk dks fnukad&13-01-2024 dks vkSicaf/kd fu;qfDr i= fn;k x;kA vkosfndk dks fo|ky; inLFkkiu i= fnukad&18-02-2024 dks fn;k x;k] ftlds rgr mUgsa fo|ky; esa ;ksxnku fd;k tkuk Fkk] ijUrq muds }kjk fo|ky; esa ;ksxnku ugha fd;k x;kA mDr foKkiu ds rgr fu;qDr fo|ky; v/;kidksa dks vafre :i ls fnukad&31-03-2024 rd fo|ky;ksa esa ;ksxnku dj fy;k tkuk FkkA ijUrq vkosfndk }kjk ;ksxnku dh vafre frfFk fnukad&31-03-2024 rd vius fcekjh vFkok vius ;ksxnku ugha djus lacaf/kr vkosnu ftyk f”k{kk inkf/kdkjh vFkok foHkkx dks lefiZr ugha fd;k x;kA muds }kjk fnukad&03-06-2024 dks ftyk f”k{kk inkf/kdkjh] e/ksiqjk dks ;ksxnku nsus gsrq vuqjks/k fd;k x;k] tks ;ksxnku gsrq vafre frfFk ds ckn dk gSA /;krO; gks fd ;ksxnku ds vafre frfFk rd ;ksxnku ugha djus okys vH;fFkZ;ksa dk in fjDr ekurs gq, mls fcgkj yksd lsok vk;ksx ds vxys foKkiu la[;k&22@2024
(TRE-3)
ds rgr inksa dks vxzfur
djrs gq, foKkiu izdkf”kr fd;k x;k] ftldh fu;qfDr izfdz;k iw.kZ gks pqdh gSA mDr ds lanHkZ esa ekuuh; mPp U;k;ky;] iVuk esa nk;j ;kfpdk la[;k&1740@2025 :ik dqekjh cuke
Patna High Court CWJC No.2329 of 2026(3) dt.17-06-2026 5/6 jkT; ljdkj ,oa vU; esa fnukad &01-11-2025 dks ikfjr U;k;kns”k ds vkyksd esa vH;kosnu ds ek/;e ls lefiZr oknh ds nkos dks vLohd`r djrs gq, ekeys dks fuLrkfjr fd;k tkrk gSA ” [Emphasis Supplied]
9. There is a specific finding of fact arrived at by the authority that before the last date of joining i.e. 31.03.2024 the petitioner did not give any communication or letter about her illness to the District Education Officer. For the first time a letter was submitted by the petitioner on 03.06.2024 much after the last date of joining. The vacant post was carried forward to the next Advertisement No.22 of 2024 (TRE-3) and the process of recruitment under the said advertisement has already been carried out and the post has been filled up. As on today there does not exit any vacant post. 10.
From the careful perusal of the averments made in the writ application, it is further manifest that no where in the writ application the petitioner has been able to demonstrate as to how the finding of fact given by the authority in the impugned
order is wrong or perverse. The petitioner has not produced any document /letter of prior to 31.03.2024 which she claims to have submitted informing about her illness. During the course of the argument learned counsel for the petitioner also submitted that the petitioner was not heard by the authority while passing the
Patna High Court CWJC No.2329 of 2026(3) dt.17-06-2026 6/6 impugned order, but on being asked to substantiate this fact,
learned counsel for the petitioner failed to do so. In fact there is not even a whisper in the writ application that the petitioner was not heard prior to passing of the impugned order.
11. Under the aforesaid facts and circumstances and taking into account the pleadings of the parties and the
submissions made by them, this Court is of the view that the petitioner has failed to make out a case for assailing the impugned order dated 30.12.2025 (Annexure-P/20) and therefore the impugned order does not require any interference. The writ application is accordingly dismissed.
Prakash Narayan (Alok Kumar Sinha, J) U