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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR, J.
CWJC Nos.11252 with 11508, 12106, 12142, 12213, 12219, 12262, 12306, 12686, 12711, 12743, 12752, 12862, 12868, 12964, 12980, 13022 and 13048 of 2025
(30.8.2025)
Preeti Kumari & Ors. (in 11252)
Ram Naresh Singh & Ors. (in 11508)
Rajesh Kumar (in 12106)
Navendu Sarthy & Ors. (in 12142)
Sarita Kumari & Ors. (in 12213)
Dimpal Kumari & Ors. (in 12219)
Ranjit Kumar & Anr. (in 12262)
Ghanshyam Pandey @ Ghanshyam Kumar Pandey & Ors. (in 12306)
Neetu Kumari (in 12686)
Bindu Kumari & Ors. (in 12711)
Pushpa Kumari & Ors. (in 12743)
Renu Kumari & Ors. (in 12752)
Kumari Minu (in 12862)
Madhu Rani (in 12868)
Shobha Kumari (in 12964)
Arti Kumari (in 12980)
Arun Kumar (in 13022)
Nirmala Kumari (in 13048)
vs.
State of Bihar & Ors. ... Respondents
(in all)
M/s Abhinav Srivastava, Sr. Adv. (in 11252); Abhishek Mishra (in 11508, 12711, 12142); Alok Abhinav (in 11252, 11508, 12711, 12142, 12213); Anil Kumar Sinha (in 12980); Arinjay Kumar (in 13022, 12219); Babu Nandan Prasad (in 13048); Bipin Bihari Singh (in 12743, 12752); Chetna (in 12686, 12862); Deepankar Thakur (in 12213); Dhirendra Singh (in 12980); Diksha Kumari (in 12142, 11252); Ganesh Prasad Singh (in 12964); Gyan Prakash (in 11252, 12213); Jay Karan (in 12306); Jitendra Kumar (in 12686, 12862); Kumari Anjali(in 12862); Lalit Kishore, Sr. Adv. (in 11508); M. P. Dixit(in 12262); Md. Danish Quamar (in 12219, 13022); Milind Raj Dixit (in 12262); Mrityunjay Kumar (in 13022, 12219); Naman Sherstra (in 11252, 12213); Nityanand Mishra (in 11508, 12711, 12142); Rakesh Kumar (in 12743, 12752); Rakesh Ranjan (in 12743, 12752, 12862, 12868); S. K. Dixit(in 12262); Shiv Shankar Prasad Yadav (in 12106); Shreyanshi Raj(in 11252); Shyama Kant Singh(in 12743, 12752); Sonu Singh (in 12686); Sudhir Kumar Sinha (in 12980); Sujeet Kumar (in 12686).
M/s Akashay Lal Prasad, AC to GP-13(in 12964); Arjun Prasad, AC to SC-3 (in 13022); Government Advocate (02) (in 12106); Government Advocate (10) (in 13048); Government Advocate (11)(in 12980); Government Pleader (13) (in 12964); Government Pleader (14)(in 12868); Government Pleader (20)(in 12752); Manish Kumar, AC to GP-12(in 12862); Manoj Kumar Yadav, AC to GA-10 (in 13048); Mujtabaul Haque, GP-12 (in 12862); Navnet Govindam (in 11508, 12686, 11252, 12219, 12743); P. K. Shahi, AG. (in 11508, 12142, 12213, 12219, 12686, 12743, 11252); Ravi Kumar, AC to GP-13 (in 12964); S. K. Mandal, SC-3 (in 13022); Sarvesh Kumar Singh, AAG-13 (in 11252); Standing Counsel (04) (in 12711); Standing Counsel (28) (in 12262); Subhash Prasad Singh, GA-3 (in 12213, 12142); Sumant Kumar Singh, AC to GA-2 (in 12106); Y.P. Sinha, AAG-7 (in 12306); Yeritika K. Kashyap, AC to AG (in 11508, 12219, 12686, 12743, 11252).
Service Law – Transfer/Posting – Transfer and posting of an employee is prerogative of State Government and no right is conferred on an employee to claim particular place of posting – Even if State Government calls for option for place of posting, it is not bound to accept the same – Transfer and posting being an incident and exigencies of service; a Government servant has no vested right to remain posted at his choice – No legal right being conferred on Government employee to seek Writ of Mandamus unless it is actuated with malice and de hors rules, regulations or policy decision of State – Every policy of State, like any rule may not be totally mandatory – But decision to allocate district based upon preferences on the basis of principle of merit-cum-choice create somewhat a right in the person, who is more meritorious – In such a situation, even if policy has not been framed but a decision is taken by Government, it obliges Government to adhere to it unless there is good reasons for acting at variance with only caution, that every action of State has to be just and fair – Any order which is arbitrary, is in breach of Article 14 of Constitution and vulnerable to challenge. (Paras 25 and 27)
School Laws – Transfer/Posting – [Bihar Elementary Schools Head Teachers Rules, 2024 – Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023] – There is no prescription available under rules, which govern recruitment/selection process of Head Teachers and Head Masters, for inviting options from successful candidates to allocate them their preferential district nor State authorities produced any executive instruction or policy decision empowering respondent-State authorities to allocate preferential district based upon their preference options at the time of posting of respective Head Teachers/Head Masters – Nonetheless, State has shown his magnanimity and taken a human approach of assigning preferential district to successful Head Teachers/Head Masters where they desired their posting for reasons of minimum dislocation of such teachers so that they can efficiently discharge their duties and impart education to children – State being model employer is obliged to take a decision in greatest of good for greatest number and benefit of all – However, this exercise must be in consonance with Articles 14 and 16 of Constitution – Action of respondent-State to the extent of extending preferential allocation of district/block cannot be said to be unjust, arbitrary and in violation of Articles 14 and 16 of Constitution. (Paras 28, 35 and 37)
School Laws – Posting – A candidate higher in merit has legal right to be given choice place of posting in preference to person lower in merit and State has to bear corresponding legal obligation and, in such situation, right can be enforced by invoking jurisdiction of this Court under Article 226 of Constitution – Policy adopted by State was only with a view to minimize far dislocation of Head Teachers/Head Masters – Difficulties of State to accommodate each of candidates in their preferential district would not be possible in case of non-availability of vacancy in their preferential district and respondent authorities cannot be compelled to give preferential treatment to all those, who have secured their position in their respective category below persons, who have been given preferential allocation based upon merit-cum-choice principle – No interference is required to impugned orders – However, allocation of district(s) by randomization through software to rest of candidates is not fair, as because of such process, they have been displaced to far flung areas since there was no remaining option available – Committee directed to invite their objections and deal with them manually after acknowledging their home district and their reason for posting in nearby district(s) qua vacancy in respective districts/blocks with their merit position – Respondent-State shall not take any adverse action against any of Head Teachers/Head Masters, who have not submitted their joining because of pendency of writ petitions in their respective schools. (Paras 45, 46, 47 and 50)
Harish Kumar, J. – 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 writ petitions have been heard together and are being disposed off by a common order.
3. For the appreciation, the facts narrated in C.W.J.C. No.11252 of 2025, which deals with the case of Head Teachers and in relation to Head Masters in C.W.J.C. No.12219 of 2025 shall be treated as lead case whereas the counter affidavit filed in the afore-noted C.W.J.C. No.11252 of 2025 duly sworn by the Joint Director, Primary Education, Government of Bihar shall be treated as response to all the writ petitions, since the stand of the State is one and identical in all the cases.
4. The 1st set of Teachers were appointed as Head Teachers in primary and elementary schools, pursuant to the examinations conducted by the Bihar Public Service Commission (for short ‘the BPSC’) under the Advertisement No. 25/2024. Their appointments are governed by the Bihar Elementary Schools Head Teachers Rules, 2024. Similarly the 2nd set of Teachers were appointed as Head Master in Higher/Senior Secondary Schools, pursuant to the Advertisement No.26/2024 duly conducted by the BPSC in terms with Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2023.
5. Based upon the performance of the candidates, in the process of selection undertaken by the BPSC, a merit list in respect of the candidates were prepared, on being found them successful. While the exercise of counselling and the verification of the credentials were in process, in the meanwhile, on 02.01.2025, the Director, Primary Education, issued letter to all the District Education Officers across the State of Bihar instructing them that all the successful candidates for the post of Head Teachers must submit three districts preferences through the e-ShikshaKosh portal. The letter made it clear that the district allotment would be carried out on the principle of merit-cum-choice; and if a candidate could not be allotted anyone of the districts of their choice based on merit, the nearest available district from their preferences would be assigned on an administrative standpoint. In pursuant to the letter, all the successful candidates, including the petitioners, who were selected as Head Teachers submitted their district preferences through online, as instructed.
6. On 03.04.2025, the Director, Primary Education, issued a further order disclosing that altogher 35,386 Head Teacher candidates were submitted online preferences, out of which 35,333 online requests were verified. Based on these verified preferences, districts were allotted to those 35,333 candidates.
7. Some of the candidates, on being aggrieved with their non-allocation of preferential posting, preferred C.W.J.C. No.16614 of 2025 before this Court challenging the district allotment made pursuant to the orders dated 02.01.2025 and 03.04.2025, contending that the entire exercise lacked statutory basis. The matter was taken up by a Bench of this Court and by an interim order dated 23.04.2025, the learned Single Judge restrained the respondent-State from taking further action on the basis of the orders dated 02.01.2025 and 03.04.2025.
8. Consequently, the afore-noted writ petition came to be disposed off on 15.07.2025 on being found it infructuous.
9. A fresh exercise of allotment was undertaken on 01.07.2025, wherein the Director, Primary Education, issued Memo No.1837, cancelling the earlier district allotment and initiated a fresh exercise. The order recorded that 35,353 verified candidates had submitted district preferences and basing upon the principle of merit-cum-choice, a Committee constituted under Memo No.896 dated
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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