Patna High Court
Shakuntla SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The petition is disposed with a direction that the petitioner file a representation regarding her posting preferences, after which the authorities must decide within the time frame prescribed by the policy.
Summary
Shakuntla Sinha, a Head Teacher, filed a writ petition seeking an order directing the Bihar Education Department to transfer her to the block she had selected on the e‑Shikshakosh portal at the time of her promotion. She claimed that despite indicating Gaya Town C.D. Block as her first choice, she was compelled to join under Dumaria Block, contrary to the department's merit‑cum‑choice posting policy. The State argued that the established policy requires the petitioner to first file a representation regarding her posting preferences. The Court held that the petitioner must file such a representation within four weeks, after which the authorities should consider her case within eight weeks as per the policy. Accordingly, the writ petition was disposed, with the direction that the decision on her posting be communicated to her within the stipulated time.
Issues considered
- Whether the petitioner is entitled to be posted to the block she selected under the merit‑cum‑choice policy.
- Whether the court can directly order a transfer without the petitioner first filing a representation.
- Whether the writ petition seeking a transfer is maintainable in view of the existing departmental policy.
Subjects
- transfer
- posting
- education department
- merit‑cum‑choice policy
- e‑Shikshakosh portal
- service law
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2845 of 2026
======================================================
Shakuntla Sinha Wife of Sanjeev Kumar, Resident of Village-Usewa, P.O.-
Baiju Bigha, P.S.-Gurua, District-Gaya, and presently working as Head
Teacher in Primary School Sihauta (H.T.), Block-Dumaria, District-Gaya.
... ... 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.
5. The District Education Officer, Gaya.
6. The District Programme Officer (Establishment), Gaya.
7. The Block Education Officer, Dumariya, District-Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rama Kant Singh, Adv.
For the Respondent/s : Mr.Government Pleader (23)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 19-02-2026 The writ petition has been filed for the following
relief:-
“1. That this is an application for
issuance of an appropriate writ(s)/order(s)/
direction(s) for directing to the respondent
authorities to transfer the petitioner to the selected
block as she was given her choice of Block for
posting as Head Teacher asked by the department
at the time of promotion.”
2. Counsel for the petitioner submits that after the
petitioner being selected as a Vishisht Sikshak on 01.01.2025
Patna High Court CWJC No.2845 of 2026(2) dt.19-02-2026
2/3
and having submitted joining before the Headmaster was again
selected for the post of Head Teacher thereafter and, pursuant to
such selection, she submitted her joining on 21.07.2025.
3. It is the case of the petitioner that for appropriate
posting within the Blocks, the choice for posting was asked and
such options were required to have been placed on e-
shikshakosh portal and the petitioner is said to have placed such
options for consideration vide Annexure P/3 series, which goes
to show that the options for the Blocks placed on e-shikshakosh
portal is Gaya Town C.D. Block as 1 st choice, Bodh Gaya as 2nd
choice and Paraiya as the third choice.
4. It is the case of the petitioner that despite such
options having been placed on the portal, the same has not been
considered and the petitioner was coerced to submit her joining
under Dumaria Block in the district of Gaya.
5. Counsel for the petitioner further submits that there
is already a policy framed for appropriate postings as per the
options having been sought from the selected Head Teachers as
per merit-cum-choice but, the same has not been been
considered.
6. On the other hand, counsel for the State submits
that since there is already a policy to address such claims and if
Patna High Court CWJC No.2845 of 2026(2) dt.19-02-2026
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the options so placed for consideration has not been considered,
the petitioner may be directed to file appropriate representation
for such consideration.
7. Considering the aforesaid submissions of the
parties, the petitioner is directed to file an appropriate
representation, giving all details of such options, having been
placed for consideration on e-shikshakosh Portal within a period
of four weeks from today and, on filing of such representation,
it is expected that her case shall be considered within a period of
eight weeks thereafter in terms of the policy framed so that the
rights of the teachers as also the students are not prejudiced in
any manner. The order so passed by the authority shall also be
communicated to the petitioner within the same time period.
8. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
U
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