Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the petitioners to file a fresh representation within 15 days and ordered the District Education Officer to decide the matter within one month, thereby disposing of the writ petition.
Summary
Four teachers filed a writ petition seeking a transfer and school allotment within Patna district, alleging that their applications had been placed on the e‑Shiksha Kosh portal as per the State's transfer policy. They requested a mandamus directing the Education authorities to decide their grievance promptly. The Court noted that the prayer was limited, there was no objection from the State, and a prior order in Sunaina Kumari v. State of Bihar had dealt with a similar representation. Accordingly, the Court directed the petitioners to file a fresh representation before the District Education Officer within 15 days and mandated that the officer decide the matter within one month, issuing a reasoned order. The writ petition was therefore disposed, with the relief to be granted by the officer if the petitioners are found entitled.
Issues considered
- Whether the petitioners are entitled to a transfer and school allotment under the State's transfer policy
- Whether the Court can direct the District Education Officer to consider a fresh representation and decide within a specified time
- Whether compliance with the e‑Shiksha Kosh portal filing requirement is necessary for adjudication
Subjects
- transfer of teachers
- school allotment
- e‑Shiksha Kosh portal
- mandamus
- education department
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2242 of 2026
======================================================
1. Gautam Kumar Son of Vidyanand Prasad, Resident of Mohalla-Sri Thakur
Niwas, Ward No.-02, Near Barsi Sangat, Khusrupur, P.S.-Khusrupur,
District-Patna, Bihar.
2. Shilpi Shikha, Wife of Santosh Kumar Suman, resident of Mohalla-M.G.
Nagar, Kanti Factory Road, Kankarbagh, P.S.-Kankarbagh, District-Patna,
Bihar.
3. Niraj Kumar, Son of Saryug Paswan, resident of Mohalla-Tarni Prasad Lane,
Ghasiyari Gali, Patna City, P.S.-Khajekala, Dist-Patna.
4. Nisha Kumari, Daughter of Yadunandan Paswan, resident of Aakashvani
Marg, Khajpura, Patna, P.S. Rajiv Nagar, Dist-Patna.
... ... 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. District Magistrate, Government of Bihar, Patna.
4. The District Education Officer, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Respondent/s : Mr. Manoj Kr. Ambastha, SC (26)
Mr. Santosh Kumar Mishra, AC to SC-26
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
“For issuance of Writ in the nature of
Mandamus or any other appropriate Writ, Order,
direction, commanding the Respondent Authorities
to take an immediate decision upon
Patna High Court CWJC No.2242 of 2026(2) dt.10-02-2026
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application/Grievance filed by the petitioners for
their transfer on the ground of distance within the
district and allot them any of the school of their
opted ten panchayats given on e- Shiksha Kosh
portal and redressed their raised grievance.”
3. Learned counsel for the petitioners submits that for
an appropriate transfer in terms of the policy framed by the
State Government, their applications have already been placed
on e-Shiksha Kosh portal and in case, if their applications have
not been placed, they undertake to place the same for redressal
of their grievance and accordingly, the cases these petitioners
may be directed to be decided, as per policy of the Government.
4. It has next been submitted that the Co-ordinate
Bench of this Court has already passed an order with regard to
consideration of the representation in respect of transfer, as per
the policy and as such, the case of these petitioners may also be
directed in similar terms, as is directed in the case of Sunaina
Kumari @ Sunayana Kumari v. The State of Bihar and Others
vide order dated 29.01.2026 passed in C.W.J.C. No.1251 of
2026 and the relevant portion of the said order, has been
extracted hereunder :-
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
Patna High Court CWJC No.2242 of 2026(2) dt.10-02-2026
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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.
7. 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 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.
8. 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.
5. Learned counsel for the State, at this stage, submits
that their cases can be considered on similar terms, provided
Patna High Court CWJC No.2242 of 2026(2) dt.10-02-2026
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such applications are placed on e-Shiksha Kosh portal in terms
of the policy framed by the State Government indicating reasons
for transfer, which shall be considered, as per the regulations
framed by the Department.
6. Considering the submission of the parties, this
Court finds it appropriate to direct the District Education
Officer, Patna, Bihar, to consider the grievance of these
petitioners, who have filed an application on e-Shiksha Kosh
portal by referring to the reasons, based on which, they are
seeking transfer, which falls within the parameters framed by
the State Government and if their applications are already
placed on e-Shiksha Kosh portal, then the same shall be
considered within a period of six weeks from the date of
representation, supported with all supportive materials including
the copy of the order passed by this Court and the same shall
also be communicated within the same time.
7. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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