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Patna High Court

Bhola PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the Director of Primary Education must consider the petitioner's grievance and decide on his posting, taking into account his wife's disability, within four weeks.

Summary

The petitioner, a government primary school teacher, filed a writ petition seeking modification of his transfer order so that he could be posted as Head Teacher at his current school or a nearby school where his wife, a locomotor‑disabled primary teacher, is posted. He argued that his wife's disability necessitates his presence as her primary caregiver and that he had submitted his posting preference under a government circular dated 29‑08‑2025, which remained unconsidered. The respondents contended that the petitioner failed to join his appointed post within the prescribed period and was merely seeking a preferred posting. The Court examined the petitioner's grievance, the disability of his wife, and the procedural context of the circular inviting posting options. It directed the Director of Primary Education to consider the petitioner's request and decide on his posting within four weeks, emphasizing the need to accommodate the wife's disability. The writ petition was consequently disposed.

Issues considered

  • Whether the court can direct the education department to modify the petitioner's posting in view of his wife's physical disability.
  • Whether the petitioner's failure to join the appointed post earlier bars him from seeking a transfer.
  • Whether the writ petition is maintainable for seeking administrative relief regarding posting.

Subjects

  • transfer of government employee
  • disability accommodation
  • posting order
  • writ petition
  • education department
  • administrative law
  • family care

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1161 of 2026
                 ======================================================
                 Bhola Prasad son of Sukhdeo Chauhan, resident of Village- Jhakhaur, P.O.-
                 Dirmobara, P.S.-Roh, District-Nawada, Bihar-805104.

                                                                     ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Government of Bihar, Patna.
           2.    The Director, Primary Education, Education Department, Government of
                 Bihar, Patna.
           3.    The District Magistrate, Nawada, Bihar.
           4.    The District Education Officer, Nawada, Bihar.
           5.    The Block Education Officer, Nawada, Bihar.
           6.    The State Project Director, Bihar Education Project Council, Shiksha
                 Bhawan, Saidpur, Rajendra Nagar, Patna, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Anil Chandra, Adv.
                                                  Mr. Priyajeet Pandey, Adv.
                                                  Mr. Amit Kumar, Adv.
                                                  Ms. Megha, Adv.
                                                  Mr. Kaustubh Kumar, Adv.
                 For the Respondent/s      :      Mr. Government Pleader (23)
                                                  Mr. Sanjay Kumar, AC to GP-23
                 For the BEPC              :      Mr. Girijish Kumar, Adv.
                                                  Mr. Akash Anand, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   29-01-2026                          Heard the parties.

                                 2. The petitioner, who is presently working as a

                   government school teacher in Exclusive Primary School,

                   Jhakaur, Roh, Nawada, has preferred the present writ petition

                   seeking a direction for the concerned respondents to consider

                   his claim and redress the grievance by modifying his transfer/

                   posting order dated 17.07.2025, as contained in Annexure-P/4,
Patna High Court CWJC No.1161 of 2026(2) dt.29-01-2026
                                            2/4




          and to post him as Head Teacher at the same school or nearby

          school where his wife is posted.

                      3. It is submitted that the petitioner’s wife is a person

          with physical disability (Locomotor Disabled) and suffers from

          multiple health issues. Due to her disability and medical

          condition, she requires regular medical supervision and

          continuous assistance in mobility and daily activities; hence the

          petitioner, being her husband, is the primary caregiver. It is

          further contended that while the petitioner was discharging his

          duty as an Exclusive Teacher at Primary School, he had

          appeared in the test duly conducted by the Bihar Public Service

          Commission for the post of Head Teacher and subsequently he

          was selected for the post of Head Teacher. Since the petitioner is

          posted to a school which is situated at a far distant place, he

          could not submit his joining. In the meanwhile, the Government

          of Bihar, in the Department of Education, came out with a letter

          bearing no. 3253 dated 29.08.2025, addressed to all the District

          Education Officers, inviting options from all the newly recruited

          Head Masters to submit three options for their posting. In terms

          of the letter dated 29.08.2025, the petitioner immediately

          submitted his grievance with the option of the school on

          08.09.2025 (Annexure-P/10). Despite the grievance having been
Patna High Court CWJC No.1161 of 2026(2) dt.29-01-2026
                                            3/4




          raised by the petitioner, and his request for sympathetic

          consideration for his transfer near the school of his wife on

          account of she being 50% Locomotor Disabled, till date no

          decision has been taken. Hence, the present writ petition.

                      4. On the other hand, learned Government Pleader

          No.23, has submitted that despite the fact the petitioner was

          appointed as a Head Master and he was directed to submit his

          joining within the prescribed period; the petitioner has failed to

          do so, and now he has approached this Court for his transfer to a

          school of his choice.

                      5. This Court has considered the submissions

          advanced by the learned Advocate for the respective parties and

          took note of the facts, especially letter no. 3253 dated

          29.08.2025, whereby options were invited from all the newly

          recruited Head Masters who have not submitted their joining in

          their respective schools, and in pursuance thereof the petitioner

          has already submitted his grievance along with the option,

          which has yet not been considered and disposed off. This Court

          deems it fit and proper to dispose off the writ petition with a

          direction to the respondent no. 2, the Director, Primary,

          Education, Education Department, Government of Bihar, Patna,

          to consider the grievance of the petitioner and his option for
          Patna High Court CWJC No.1161 of 2026(2) dt.29-01-2026
                                                      4/4




                    posting in view of the submissions advanced hereinabove,

                    especially keeping in mind the factum of physical disability of

                    the petitioner’s wife, who has also been working as a primary

                    teacher in Exclusive Primary School, Jhakaur, Roh, District-

                    Nawada and take appropriate decision, preferably within a

                    period of four weeks from the date of receipt/production of a

                    copy of this order.

                                6. This disposes the writ petition.



                                               (Harish Kumar, J)
rohit/-

U


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