Kumari Suman vs State Of Bihar and Ors

Harish Kumar, J

Heard the parties.

At the outset, learned Advocate for the petitioners seeks permission to make necessary correction in the cause title of respondent no.5, during the course of the day.

Permission is accorded.

The petitioners, who are eight in numbers, have approached this Court for the following reliefs:

(i) For issuance of a writ in the nature of Certiorary or any other appropriate writ/order/direction quash/set-aside the order contained in Memo No 1616, dated- 30.06.2025 issued by the Director Primary Education, Education Department Government of Bihar, Patna, so far it relates to the petitioners, whereby and whereunder the list selected candidates with allotted division/district have been published without following the well-settled principle of merit-cum-choice as-well-as the well-settled Principle of Migration from Reserved Category (MRC) Candidates.

(ii) Further, for issuance of a writ in the nature

of Certiorary or any other appropriate writ/order/direction to quash the Memo No-1755, dated 11.07.2025 issued by the Director, Primary Education, Government of Bihar, Patna, so far it relates to the petitioners, whereby and whereunder the Block/School has been allotted to the successful candidates of Head Master without following the principle of merit-cum-choice as-well-as the well-settled Principle of Migration from Reserve Category (MRC) Candidates.

(iii) Further, for issuance of a writ in the nature Mandamus or other any appropriate Writ/Order/Direction to the respondent authorities to consider the merit-cum-choice posting of petitioners against the posts of Head Master at Government Senior Secondary Schools according the provisions of Senior Secondary Head Master Rules, 2021 and also according to the Advertisement No-26/2024 as-well-as the Guidelines published on time-to-time by the authorities of the Education Department, Government of Bihar, Patna.

(iv) Further, for issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction to the respondents to revise the list of allotment of Division/District allotted to the successful candidates according to the merit-cum-choice and migration from reserve category candidates (MRC) and further to stay the operation of order contained in Memo No-1616, dated 30.06.2025 (Annexure - P/1) as-well-as Memo No- 1755, dated 11.07.2025 and further to stay the process of joining of Head Master at Government Senior Secondary Schools till final disposal of this writ application.

(v) Further, for any other order/ orders as your Lordships may deem fit for that the petitioner may be found to be entitled to as per the facts and circumstances of the present case.

Learned Advocates for the respective parties, after some arguments, fairly submitted that the identical issue has come up for consideration before this Court in CWJC No. 11252 of 2025 [Preeti Kumari & Ors. Vs. The State of Bihar & Ors.] along with other analogous cases which came to be disposed off on 30.08.2025, wherein this Court in penultimate paragraph has observed and directed the Additional Chief Secretary, Education Department, Government of Bihar, Patna to convene a meeting with the Director, Secondary Education as well as the Director, Primary Education, to frame a model for redressal of grievance of allocation of nearby district after inviting objection, preferably within a period of four weeks from the date of receipt/production of a copy of the order.

Learned Advocate for the petitioners further submitted at the Bar that there are some of the Teachers, who have submitted their joining under protest on the place beyond preferential option(s) and their claim has not been taken care of in the afore-noted, C.W.J.C. No.11252 of 2025 along with other analogous cases, they have preferred CWJC No. 11187 of 2025 and their cases have also been disposed of vide order dated 08.09.2025, by observing that the teachers, who have submitted their joining under protest, are in no way deprived from filing objection.

Considering  the  submissions,  the  present  writ petition also stands disposed off in terms with the decision rendered in the case of Preeti Kumari (supra) as also in CWJC No. 11187 of 2025 [Archana Kumari vs. The State of Bihar & Ors.] along with other analogous cases which came to be disposed of on 08.09.2025.