Patna High Court
Rita KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that the petitioner must file a fresh representation for redressal of her block allocation grievance, and the writ application was disposed.
Summary
The petitioner, a head teacher, filed a writ petition seeking transfer to a block she had selected during the posting process after her promotion. She argued that the authorities ignored her block preferences and assigned her to a distant block, causing hardship. The State had no objection to her submissions. The court examined the grievance under the existing state policy for addressing such posting issues. It held that the petitioner should file a fresh representation, referencing any earlier representation, and submit all relevant documents, including her e‑Shikshakosh portal choices, within four weeks. Accordingly, the writ application was disposed of without ordering a direct transfer.
Issues considered
- Whether the authorities erred by not considering the petitioner's opted block preferences in her posting.
- Whether the court can direct a transfer to the chosen block or must require the petitioner to pursue grievance redressal under the state policy.
Subjects
- transfer of government employee
- block posting
- grievance redressal
- education department
- writ jurisdiction
- gender considerations
- policy implementation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2423 of 2026
======================================================
Rita Kumari Wife of Manoj Kumar, Daughter of Baleshwar Yadav, Resident
of Village- Mobarakpur, P.O.- Rampur, P.S.- Belaganj, District- Gaya Ji, and
presently working as Head Teacher in Primary School Tarchuan, Block-
Dumariya, District- Gaya Ji.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Director, Secondary Education, Government of Bihar, Patna.
4. The District Magistrate, Gaya Ji.
5. The District Education Officer, Gaya Ji.
6. The District Programme Officer (Establishment), Gaya Ji.
7. The Block Education Officer, Dumariya, District- Gaya Ji.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Singh
For the Respondent/s : Government Pleader (10)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The instant writ application has been filed for
directing the respondent authorities to transfer the petitioner to
any of the opted blocks, as she was given her choice of Block
for posting as Head Teacher asked by the department at the time
of promotion.
3. Learned counsel for the petitioner submits that the
petitioner was declared successful in the competency test for
Patna High Court CWJC No.2423 of 2026(2) dt.12-02-2026
2/3
local bodies teachers held on 26.02.2024. Pursuant thereto, a
provisional appointment letter was issued and an appropriate
posting was made. It is the case of the petitioner that she was
promoted as Head Teacher by the Bihar Public Service
Commission, Patna, vide Advertisement No. 25/2024. After
being declared successful, she was provisionally issued an
appointment letter on 17.07.2025 and was asked to submit her
choice of districts as well as blocks within the district. It is
further submitted that, in terms of the policy framed, she
submitted her choices of districts and options with regard to the
blocks. While the authorities considered her district preference,
the block options mentioned in Annexure-P/3 were not
considered. Instead, a fourth Block, which was not amongst her
opted choices, was allotted to her. The petitioner, being a lady, is
facing difficulty in attending the school as it is located
approximately 120 kilometers away from her usual place of
residence. It is the case of the petitioner that there already exists
a policy framed by the State authorities to address grievances of
such nature, and her case can be considered in terms of the said
policy. For giving appropriate consideration, the petitioner has
already made an appropriate representation before the
authorities for addressing the grievances, which is pending till
Patna High Court CWJC No.2423 of 2026(2) dt.12-02-2026
3/3
date.
4. On the other hand, learned counsel for the State has
no objection with regard to the submissions made by the
petitioner.
5. Considering the aforesaid facts and circumstances,
the petitioner is directed to file an appropriate fresh
representation, giving reference of earlier representation, if any,
for redressal of her grievance regarding allocation of the Block,
in accordance with her exercised options. Such representation
shall be filed along with all relevant documents, including the
options submitted on the e-Shikshakosh portal, within four
weeks from today.
6. With the aforesaid observations and directions, the
writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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