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Patna High Court

Vibha KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the District Education Officer must decide the petitioner’s transfer request within four weeks of receipt of the representation filed on the e‑Shiksha portal.

Summary

The petitioner, a government school teacher, filed a writ petition seeking enforcement of the State Government's Resolution No.1729 dated 07‑10‑2024, which mandates the transfer and posting of teachers as per a policy. The petitioner had submitted a transfer request through the e‑Shiksha portal, seeking allocation to specific blocks within Buxar district. The State argued that the petitioner should first file a detailed representation before the district authorities, who are empowered to adjudicate such grievances. The Court examined whether the respondents were obligated to act on the policy decision and whether the petitioner needed to follow the internal grievance mechanism. It directed the District Education Officer to decide the transfer request within four weeks of receiving the representation, emphasizing the need to avoid delay in education delivery. Consequently, the writ application was disposed of with the said directions.

Issues considered

  • Whether the respondents are bound to implement the State Government's policy decision on teacher transfers as per Resolution No.1729.
  • Whether the petitioner must first file a detailed representation before the district authorities before the Court can intervene.

Subjects

  • teacher transfer
  • government school
  • e‑Shiksha portal
  • administrative law
  • public service
  • writ jurisdiction
  • education department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1909 of 2026
                 ======================================================
                 Vibha Kumari Wife Brij Bihari Rai, Resident of Village- Kritpura Kamarpur,
                 P.S.- Buxar Muffasil, District- Buxar.

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through Additional Chief Secretary, Education
                 Department, Government of Bihar, Patna.
           2.    The Director, Primary Education, Government of Bihar, Patna.
           3.    The District Magistrate, Buxar.
           4.    The District Education Officer, Bxuar.
           5.    The District Programme Officer, Buxar.
           6.    The Block Development Officer, Rajpur, Buxar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Pratap Sharma
                 For the Respondent/s   :      Mr.Vivekanand Singh, AC to GP-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   05-02-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the State.

                               2. The instant writ application has been filed for

                   directing the respondents to act upon the Government decision

                   as contained in Resolution No.1729 dated 07.10.2024, whereby

                   and whereunder the State Government has taken the policy

                   decision for transfer and posting of Government School

                   Teachers which has not been acted upon by the respondents in

                   the case of the petitioner and for any other relief(s) on the basis

                   of facts and circumstances of the case.
Patna High Court CWJC No.1909 of 2026(2) dt.05-02-2026
                                            2/3




                      3. Learned counsel for the petitioner submits that as

          per the policy formulated by the Department of Education,

          Patna, applications for transfer are required to be filed on the e-

          Shiksha portal. The petitioner is stated to have filed a

          representation,      appended        as Annexure-P/4   to   the   writ

          application, with regard to allocation of blocks within the

          district.

                      4. On the other hand, learned counsel for the State

          submits that since there already exists a policy for redressal of

          grievances of such persons, the petitioner may be directed to file

          a detailed representation before the District authorities, who

          shall adjudicate the claim of the petitioner within the time frame

          fixed by this Court.

                      5. Considering the submissions of the parties, this

          Court finds it appropriate to direct the District Education

          Officer, Buxar, to decide the issue of transfer within the blocks

          opted for by the petitioner, as would be evident from the

          application submitted on the e-Shiksha portal. It is expected that

          upon filing of such representation, the same shall be adjudicated

          within a period of four weeks from the date of its receipt, and

          necessary orders shall be passed, keeping in view that the matter

          pertains to transfer of a teacher and any delay in such matters
           Patna High Court CWJC No.1909 of 2026(2) dt.05-02-2026
                                                       3/3




                     would adversely affect the imparting of education to school

                     children.

                                 6. With the aforesaid observations and directions, the

                     instant writ application stands disposed of.



                                                             (Ajit Kumar, J)

shikha/-

U


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