Patna High Court
Nikhil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The petition is dismissed as the issue has already been settled in CWJC No.11252 of 2025.
Summary
The petitioner, a physically handicapped teacher, challenged a transfer order that moved him from Bhojpur to Banka district, alleging that his preferential option and disability were ignored and that the order violated posting guidelines. The court observed that the same issue had already been decided in CWJC No.11252 of 2025, where it directed the Education Department to set up a grievance redressal mechanism and affirmed that teachers can file objections. Relying on that precedent, the court held that the present petition raises no fresh question and must be disposed of in the same manner. Consequently, the writ petition was dismissed without further hearing. The decision underscores that administrative transfer orders must conform to established guidelines and that aggrieved teachers retain the right to object.
Issues considered
- Whether the transfer order ignoring the petitioner's preferential option and disability violates posting guidelines
- Whether the petitioner is entitled to a grievance redressal mechanism for transfer postings
Subjects
- transfer posting
- physically handicapped
- education department
- grievance redressal
- writ petition
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13108 of 2025
======================================================
Nikhil Kumar Son of Sri Ashok Singh, Resident of Village- Ahpura, P.O.-
Sandesh, P.S.- Sandesh, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Director, Primary Education, Department of Education, Government of
Bihar, Patna.
3. The Bihar Public Service Commission through its Chairman, 15, Jawahar
Lal Nehru Marg, Bailey Road, Patna- 800001.
4. The Secretary, Bihar Public Service Commission, 15, Jawahar Lal Nehru
Marg, Bailey Road, Patna- 800001.
5. The District Education Officer, Bhojpur, Bihar.
6. The District Education Officer, Banka, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Adv.
For the Respondent/s : Ms. Prerna Anand, AC to GP-18
For the B.P.S.C. : Mr. Sanjay Pandey, Adv.
Mr. Nishant Kumar Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 13-01-2026 Heard the parties.
2. The petitioner is aggrieved with the order as
contained in memo no. 1837 dated 01.07.2025 issued by the
Director, Primary Education, Government of Bihar, insofar as it
relates to the allocation/posting of the petitioner to Banka
District from the District of Bhojpur, by ignoring the option
exercised by the petitioner and without considering that the
petitioner is physically handicapped as also by ignoring the
guidelines for transfer/posting.
Patna High Court CWJC No.13108 of 2025(3) dt.13-01-2026
2/3
3. Learned Advocate for the respective parties fairly
submitted that the identical issue has come up for consideration
before this Court in C.W.J.C. No.11252 of 2025 along with
other analogous cases, which came to be disposed off on
30.08.2025, wherein this Court in para-49 has observed and
directed the Additional Chief Secretary, Education Department,
Government of Bihar, Patna to convene a meeting with the
Director, Secondary Education as well as the Director, Primary
Education to frame a model for redressal of grievance of
allocation of nearby district after inviting objection, preferably
within a period of four weeks from the date of
receipt/production of a copy of the order.
4. Learned Advocate for the petitioner further
submitted at the Bar that there are some of the Teachers, who
have submitted their joining under protest on the place beyond
preferential option(s) and their claim has not been taken care of
in the afore-noted, C.W.J.C. No.11252 of 2025 along with other
analogous cases.
5. Suffice it to observe that the Teachers, who have
submitted their joining under protest, are in no way deprived
from filing objection(s) and they are also at liberty to submit
their objections in the light of the order passed in C.W.J.C.
Patna High Court CWJC No.13108 of 2025(3) dt.13-01-2026
3/3
No.11252 of 2025 along with other analogous cases.
6. In view of the aforesaid facts that the identical issue
has been given a quietus, the present case also stands disposed
off in similar terms with the decision dated 30.08.2025 passed in
C.W.J.C. No. 11252 of 2025 along with other analogous cases.
7. This disposes the writ petition.
(Harish Kumar, J)
supratim/-
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