Patna High Court
Sunaina Kumari @ Sunayana KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed that the petitioner may file a fresh representation before the District Education Officer, Patna within 15 days, and that the officer must dispose of it within one month, giving a reasoned order and implementing any entitlement within 15 days of that order.
Summary
The petitioner, Sunaina Kumari, filed a writ petition seeking a mandamus directing the Bihar Education Department to allot her a school posting in Patna district following her transfer from Nalanda, citing her and her husband's critical health conditions. She argued that despite being transferred, no school had been assigned, and requested that the District Education Officer, Patna, decide on her application within a month after a hearing. The respondent State did not contest the limited relief sought. The Court, with consent of both parties, granted the petitioner liberty to file a fresh representation before the District Education Officer, Patna within 15 days. It further directed that the officer dispose of the representation within one month, issue a reasoned order, and, if the relief is warranted, implement it within 15 days of the final order. The writ application was consequently disposed of.
Issues considered
- What relief, if any, is the petitioner entitled to regarding school allotment after her transfer to Patna district?
- Whether the District Education Officer, Patna, must decide the petitioner's representation within a stipulated time frame and after a hearing.
Subjects
- transfer
- school allotment
- mandamus
- education department
- health condition
- procedural direction
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1251 of 2026
======================================================
Sunaina Kumari @ Sunayana Kumari Wife of Mukesh Kumar, Resident of
Village-Noorsarai, P.S.-Noorsarai, District-Nalanda, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Primary Education, Government of Bihar, Patna.
3. The District Education Officer, Patna, Bihar.
4. The District Education Officer, Nalanda, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Adv
Mr. Mukund Kumar, Adv
For the Respondent/s : Mr. Anirban Kundu SC-24
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent-State.
2. With the consent of both the parties, the present
writ application is being disposed of at this stage itself.
3. The petitioner in the present writ application is
prayed for the following reliefs:-
“That the present Writ Application is being filed
for issuance of Writ in the nature of Mandamus or any other
appropriate Writ, Order, direction, directing the respondent
authority/authorities to take appropriate action on
application filed by the petitioner to transfer her from
Nalanda District to Patna District and allot her any school
of Patna district amongst her choices given on E-
Shikshakosh Portal of Department of Education
Government of Bihar considering her and her husband
critical health condition and also considering the aspect that
choices given by the petitioner for his posting is still vacant.
Patna High Court CWJC No.1251 of 2026(2) dt.29-01-2026
2/3
The Petitioner further prays for issuance of consequential
Writ in the nature of Mandamus commanding the
Respondent Authorities to take an immediate decision upon
application filed by the petitioner for her transfer on the
ground of her bad health condition at any of the school of
his opted options given on e- Shiksha Kosh portal.”
4. Learned counsel for the petitioner submits that
vide Annexure P-7, the petitioner has already been transferred
from Nalanda District to Patna but she has not been allotted any
school in Patna District. He therefore submits that for seeking
allotment of the school in the District of Patna, he may be
permitted to file a afresh representation before the District
Education Officer, Patna ( respondent no.3) within 15 days and
further prays that if such a representation is filed, the District
Education Officer, Patna may be directed to dispose of the same
within one month from the date of filing of representation, after
giving an opportunity of hearing to the petitioner.
5. The above submission made by the learned counsel
for the petitioner is not objected to by the learned counsel for
the respondent- State.
6. Considering the limited nature of prayer being
made by the learned counsel for the petitioner, the writ
application is disposed of granting liberty to the petitioner to file
a fresh representation before the District Education Officer,
Patna within 15 days from today and, if such representation is
Patna High Court CWJC No.1251 of 2026(2) dt.29-01-2026
3/3
filed within the time stipulated, the District Education Officer,
Patna shall dispose of the same within a period of one month
from the date of receipt of the representation, after giving an
opportunity of hearing to the petitioner.
5. Needless to emphasis that the final order shall be
passed by the District Education Officer, Patna should be
reasoned and speaking order. It is further made clear that the
relief which will be claimed by the petitioner through the fresh
representation, if the petitioner is found entitled to the same, the
same should be given to the petitioner within 15 days from the
date of passing of the final order by the District Education
Officer, Patna.
6. With the aforesaid observation, direction and the
liberty granted, the present writ application is disposed of. The
Pending I.A, if any, is deemed to have been disposed of.
(Alok Kumar Sinha, J)
N.K/-
U
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