Patna High Court
Sweta RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the petitioner is entitled to the transfer and directed the respondent authorities to consider her request and post her to any vacancy among the seven options within four weeks.
Summary
The petitioner, Sweta Raj, a BPSC Class‑11/12 TRE‑1 teacher posted at Block‑Athmalgola, filed a writ petition seeking an order directing the Education Department authorities to transfer her within the Patna Sadar Urban Region as per her transfer application dated 08/12/2024. She cited a State Government policy (Resolution No. 1729 dated 07‑Oct‑2024) which permits transfers on specified grounds and listed seven preferred locations. The respondent State did not oppose the petition. The Court examined the petitioner's eligibility under the policy and found no legal impediment to granting the transfer. Accordingly, the Court ordered the Director of Primary Education, the District Magistrate, and the District Education Officer to consider her request and post her to any vacant position among the seven options within four weeks. The writ application was disposed with the direction to implement the transfer.
Issues considered
- Whether the petitioner is entitled to a transfer under the State Government policy (Resolution No. 1729 dated 07‑Oct‑2024).
- Whether the respondent authorities are obligated to consider and order the transfer as sought by the petitioner.
Subjects
- transfer
- government service
- education department
- writ jurisdiction
- administrative law
- BPSC
- teacher posting
- state policy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1643 of 2026
======================================================
Sweta Raj W/o Abhinay Raj, Resident of C/o Mr. Devendra Kumar Sinha,
Senior Advocate, Dharmshobha, Beside Officers Hostel, Bailey Road, P.S-
Kotwali, District- Patna.
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Bihar, Patna.
3. The Director Primary Education, Education Department, Bihar, Patna.
4. The District Magistrate, Patna.
5. The Regional Deputy Director of Education, Patna.
6. The District Education Officer, Patna.
7. The District Programme Officer (Establishment), Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Alexander Ashok, Advocate
For the Respondent/s : Mr. Anjani Kumar, AAG-4, Sr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
Senior Counsel for the Respondent-State.
2. The petitioner in the present writ application has
prayed for the grant of following relief:-
“That the instant writ
application is being filed for
issuance of an appropriate writ
directing the respondent
authorities to issue order of
transfer within the Panta Sadar
Urban Region with respect to the
petitioner who is a BPSC Class-
Patna High Court CWJC No.1643 of 2026(2) dt.02-02-2026
2/3
11-12, TRE-1 Teacher, pursuance
to her application dated
08/12/2024.”
3. Learned counsel appearing for the petitioner
submits that the petitioner is currently posted as BPSC Class- 11-
12, TRE-1 Teacher at Block-Athmalgola, District-Patna which is
about 70 kms from Patna Town. He further submits that on
account of the reasons as stated in the transfer application, the
petitioner applied for transfer vide transfer application form which
has been brought on record by way of Annexure-P/13 and in the
said transfer application form, the petitioner has given seven
options for place of transfer. Learned counsel for the petitioner
further submits that the request for transfer made by the petitioner
is in terms of the policy of the State Government contained in
resolution dated 1729 dated 07.10.2024, more particularly covered
by Clause (1), (i), (vi) and (vii). Learned counsel for the petitioner
further submits that the husband of the petitioner is a practicing
Advocate of this Court and, therefore, not in Government Service.
It is further submitted that since the request for transfer is squarely
covered by the policy of the State Government, therefore,
appropriate direction may be given to respondent nos. 3,4 and 6 to
consider the request of the petitioner and to post her against any
available vacancy in any of the seven options given by the
petitioner in the transfer application form.
Patna High Court CWJC No.1643 of 2026(2) dt.02-02-2026
3/3
4. Learned Senior Counsel appearing for the
Respondent-State does not oppose the submission made by the
learned counsel for the petitioner.
5. Considering the submissions made by the parties
and the facts and circumstances stated above, this writ application
is disposed of directing the respondent nos. 3,4 and 6 to consider
the request for transfer made by the petitioner vide Annexure-P/13
and post her against any available vacancy from the seven options
which has been given by the petitioner in the transfer application
form. It is expected that the respondent authorities will pass
appropriate order posting the petitioner at any place where there is
a vacancy from the seven options given by the petitioner within
four weeks from the date of receipt/production of a copy of this
order.
6. The writ application is accordingly disposed of in
the aforesaid terms.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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