Gita Kumari vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15726 of 2026
CNR No. BRHC011056922026
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Gita Kumari, wife of Sri Shashi Bhushan, Resident of village- Madhaul, P.O.
Susta Madhopur, P.S. Kudhani, District - Muzaffarpur, presently working as
Auxiliary Nurse Midwifery(R) Community Health Centre, Kalyanpur, District
- East Champaran at Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Health Department, Government of Bihar, Patna.
3. The Director -in- Chief (Nursing), Directorate of Health Services, Health
Department Government of Bihar, Patna.
4. The Executive Director, The State Health Society, Bihar, Pariwar Kalyan
Bhawan, Sheikhpura, Patna.
5. The Civil Surgeon-cum- Member Secretary, District Health Society, East
Champaran at Motihari, District - East Champaran at Motihari.
6. The District Programme Manager, District Health Society, East Champaran
at Motihari, District - East Champaran at Motihari.
7. The Incharge Medical Officer, Community Health Centre, Kalyanpur,
District East Champaran at Motihari.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate
For the Respondent/s : Mr. Rakesh Kumar, GA-04
: Mr. Ranjan, AC to GA-04
For the S.H.S.B. : Mr. K.K. Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 27-10-2026
Heard learned Counsel for the petitioner, learned
Counsel for the State Health Society, Bihar and learned Counsel

Patna High Court CWJC No.15726 of 2026 dt.27-10-2026
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for the State are present.
2. The present writ petition has been filed by the
petitioner with the following reliefs:
“ (i) For issuance of an appropriate
writ in the nature of Mandamus, commanding and
directing the Respondent Authorities and more
particularly to the Respondent no. 3 and 4 to
transfer and post the petitioner as Auxiliary Nurse
Midwifery in the Community Health Centre
situated either in Block Kudhani or in Block
Mushahari in the District of Muzaffarpur from
Community Health Centre, Kalyanpur, District-
East Champaran at Motihari pursuant to his
application dated 16.03.2026 duly forwarded by
the Respondent Nos. 5, 6 and 7 on the ground that
the present place of posting is situated at a
distance of more than 80 Kilometers from the
house of the petitioner as also during the course of
journey in discharge of duties the petitioner met
with an accident at two occasions resulting
damage of bones of lungs and rib and the
petitioner has also responsibility to take care of her
two daughters and her old age ailing mother.
(ii) For issuance of any other
appropriate writ/writs, order/orders,
direction/directions for which the writ petition
would be found entitled under the facts and
circumstances of the case. ”
3. Learned counsel for the respondent-State

Patna High Court CWJC No.15726 of 2026 dt.27-10-2026
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Health Society, Bihar has raised a preliminary objection,
submitting that the petitioner has approached this Court by
filing the present writ petition seeking a writ of mandamus
without first submitting any representation before the authority
concerned for redressal of his grievances and has directly
approached this Court.
4. In the aforesaid background, the petitioner is
directed to file a representation before Respondent No. 3, The
Director-in-Chief (Nursing), Directorate of Health Services,
Health Department, Government of Bihar, Patna, along with a
copy of this order, within a period of 30 days from today, raising
all the grievances urged in the present writ petition. Upon
receipt of such representation, the said respondent is directed to
consider and dispose of the same by passing a reasoned and
speaking order, after affording an adequate opportunity of
hearing to the petitioner within 90 days from the date of its
filing.
5. It is made clear that this Court has not expressed
any opinion on the merits of the case, and the authority
concerned shall decide the representation independently, strictly
in accordance with law.
6. With the aforesaid observations and directions,

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the writ petition stands disposed of.

(Dr. Anshuman, J)
Anjali/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.10.2026
Transmission Date NA