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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Preeti Kumari W/o- Nikesh Kumar – Appellant
Versus
State of Bihar through the Additional Chief Secretary – Respondent
| Table of Content |
|---|
| 1. identification of lead cases and approach to hearing. (Para 2 , 3) |
| 2. details of appointment and selection process for head teachers. (Para 4 , 5 , 6) |
| 3. discontent among candidates regarding district allotment. (Para 10 , 11 , 12 , 14) |
| 4. arguments against the lack of statutory basis for postings. (Para 16 , 17 , 19) |
| 5. state's justification for district allocation and methodology. (Para 20 , 21 , 23 , 24) |
| 6. judicial observation on rights concerning posting. (Para 25 , 27 , 28) |
| 7. principles of fairness and justice in employment. (Para 30 , 32 , 34) |
| 8. ruling on merit-based postings and state obligations. (Para 37 , 45) |
| 9. direction for addressing grievances on district postings. (Para 46) |
| 10. final directives and disposal of writ petitions. (Para 49 , 51) |
JUDGMENT :
JUSTICE HARISH KUMAR, J.
Date : 30-08-2025 Heard the learned Advocates for the petitioners and the learned Advocates for the respondents.
2. In the bunch of the writ petitions, there are two sets of writ petitions; one set of teachers are ‘Head Teachers’ and another set of teachers are ‘Head Masters’. Since the issue(s) in these writ petitions are one and identical, with the consent of the parties, all these wr
The allocation of postings must be fair, transparent, and based on established merit principles, ensuring that no employee is arbitrarily deprived of their rightful position.
Meritorious reserved category candidates shifted to general category retain entitlement to preferred district allotment as per reserved merit position to prevent disadvantage from higher performance.
A candidate belonging to a reserved category, if selected under the General/Open Category, is entitled to be considered for posting as per his or her preference on the basis of his or her merit among....
The circular issued by the Board of Basic Education allowing candidates from zero vacancy districts to participate in the selection process for the post of Assistant Teachers was valid as it was in c....
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
Appointments for Grade III Teachers must reflect accurate merit while adhering to court directives on recruitment processes, ensuring transparency and fairness in selections.
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