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Patna High Court
Smt. Kamala Kumari vs The State Of Bihar on 19 January, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12973 of 2025
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Smt. Kamala Kumari W/o Narendra Kumar Singh Resident of Village-
Khajuhatti, P.S.-Baikunthpur, District-Gopalganj, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. Director Primary Education, Govt. of Bihar, Patna.
3. District Education Officer, District-Gopalganj.
4. The Block Education Officer, Baikunthpur, District-Gopalganj
5. Neetu Kumari W/o Unknown, R/o Village-Semra, P.S.-Mashrakh, District-
Saran Chapra.
6. District Programme Officer, Gopalganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Braj Kishore Singh Chouhan, Adv.
For the Respondent/s : Mr. Standing Counsel (26)
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 19-01-2026
Heard the parties.
2. The petitioner claimed to be the senior most teacher
and regular Head Mistress of the Girls Middle School,
Khajuhatti in the district of Gopalganj has been replaced by
respondent no. 5, who is said to be newly appointed Head
Mistress and posted in the school, in terms with the letter dated
14.07.2025
. In the aforesaid premise, the letter dated 14.07.2025
to the extent it relates to the posting of the respondent no. 5 as
Head Mistress of the school, in question, is put to challenge
before this Court with a further prayer to restrain the concerned
Patna High Court CWJC No.12973 of 2025 dt.19-01-2026
respondents from disturbing the position of the petitioner ante
at Girls Middle School, in question.
3. Mr. Braj Kishore Singh Chouhan, learned Advocate
for the petitioner submitted that admittedly the petitioner was
appointed in the year 1987, whereas the respondent no. 5 was
appointed in the year 2014. By virtue of the petitioner being
District Board Teacher, having higher pay scale with long
seniority of service, the posting of the petitioner as Head
Mistress at the school, in question, cannot be disturbed.
4. Referring to the order passed by this Court in
CWJC No. 6697 of 2004, it is submitted that in pursuance
thereof the petitioner was extended the benefit of matric trained
pay scale with effect from 17.04.1995. Some correspondences
have also been placed on record especially, Annexure - P/2, P/3
and P/9 and basing upon which, it is submitted that it is the
petitioner, who has been discharging as Regular Head Mistress
of the school, in question. However, even for the sake of
argument, it is accepted that there is no order with regard to the
posting of the petitioner to the post of Head Mistress, she is the
senior most teacher in the school and since the seniority of the
petitioner vis-a-vis respondent no. 5 has not been determined,
the petitioner should be allowed to continue as the
Patna High Court CWJC No.12973 of 2025 dt.19-01-2026
Incharge/Regular Head Mistress of the school, in question. To
support the aforesaid contention, an interim order passed by this
Court in CWJC No. 14441 of 2025 dated 04.09.2025 has been
placed on record.
5. Refuting the aforesaid contention, learned Advocate
for the State submitted that the petitioner is an Assistant
Teacher, who has been discharging the duty in the said school.
However, only on account of she being senior most teacher, has
been working as Incharge Head Mistress of the school. It is
evident from the impugned order issued by the Director,
Primary Education, Government of Bihar, Patna that the
respondent no. 5 has been duly appointed and posted as a Head
Mistress of the school, in question, on account of the post being
vacant. It has specifically been averred that the petitioner is
working as Assistant Teacher and she had never been promoted
on the post of Head Mistress, whereas the respondent no. 5 has
been selected and appointed as Head Mistress through
competitive examination conducted by BPSC, in terms with
Advertisement No. 25/2024.
6. On the last occasion while hearing the matter, this
Court has directed the learned Advocate for the State to apprise
this Court with regard to the position of the petitioner and the
Patna High Court CWJC No.12973 of 2025 dt.19-01-2026
learned Advocate for the State reiterated the statement made in
the counter affidavit. A letter has also been placed on record
bearing no. 33 dated 17.01.2026, which has been kept on record.
In the said letter, it has also been apprised that the petitioner has
been discharging the duty as Incharge Head Mistress.
7. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the facts that in some of the correspondences, the petitioner has
been shown to be Head Mistress of the school, based upon
which the petitioner is insisting that in fact, it is she, who was
appointed and working as Regular Head Mistress of the school,
in question, though no such order has been placed on record
with respect to the appointment or any promotion to the post of
Head Mistress. Now the issue is only with regard to seniority of
the petitioner vis-a-vis respondent no. 5, who is said to have
been appointed in terms with the Advertisement No. 25/2024.
8. Before proceeding further with the case, it would
also be pertinent to observe that an interim order does not
finally and conclusively decide an issue; such order cannot be
treated as a precedent.
9. In order to resolve the dispute, as has been raised
by the petitioner in the present writ petition, this Court deems it
Patna High Court CWJC No.12973 of 2025 dt.19-01-2026
fit and proper to direct the Director, Primary Education,
Government of Bihar, Patna to verify and consider the claim of
the petitioner, keeping in view Annexure P/2, Annexure P/3 and
Annexure P/9, of the writ petition, alongside the record
available in the department with respect to her position vis-a-vis
the position of the respondent no. 5 and take an appropriate
decision, preferably within a period of four weeks, from the date
of receipt/production of a copy of this order.
10. Till final order passed by the respondent no. 5,
there shall be status-quo with regard to the position of the
petitioner.
11. Accordingly, the present writ petition stands
disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.01.2026
Transmission Date NA
