Patna High Court
Smita GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court disposed of the writ petition, directing the petitioner to pursue the administrative remedy of filing a fresh representation before the District Education Officer, rather than issuing a mandamus.
Summary
The petitioner, Smita Gupta, filed a writ petition seeking a mandamus directing the State of Bihar and education authorities to promptly decide her transfer application on the ground of distance and to allot her a school she had opted for on the e‑Shiksha Kosh portal. She alleged that she had been posted to a school she did not choose and that the distance from her residence was greater than her previous posting. The respondent State raised no objection, and the court noted that similar transfer grievances had already been resolved in Patna High Court orders dated 29‑01‑2026 (CWJC No.1251 of 2026) and 19‑02‑2026 (CWJC No.2693 of 2026). Relying on those precedents, the court declined to issue a mandamus and instead directed the petitioner to file a fresh representation before the District Education Officer within 15 days, with the officer required to decide the matter within one month, after hearing, and to issue a reasoned order. If relief is granted, it must be implemented within 15 days of the final order. The writ application was therefore disposed of.
Issues considered
- Whether the petitioner is entitled to a transfer on the ground of distance within the district.
- Whether a writ of mandamus can be issued directing the education authorities to make an immediate decision on the transfer application.
- Whether the earlier Patna High Court orders on similar transfer grievances are binding on the present petition.
Subjects
- transfer of government teacher
- mandamus
- writ jurisdiction
- administrative law
- distance grievance
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2930 of 2026
======================================================
Smita Gupta Wife of Sanjay Kumar, Resident of Mohalla-Flat No. 202, Block
B, Chanakya City, Gola Road, Danapur, P.S.- Rupaspur, District - Patna,
Bihar. Permanent resident of Mohalla- Kailash Nagar, Sasaram, P.S.-
Sasaram, District- Rohtas.
... ... 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
For the State Mr. Uday Prasad, AC to GP-22
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 13-03-2026 Heard the learned counsel for the petitioner and
the learned counsel for the respondent-State.
2. With the consent of the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for grant of following relief-
i. For issuance of Writ in the nature of
Patna High Court CWJC No.2930 of 2026(2) dt.13-03-2026
2/4
Mandamus or any other appropriate Writ,
Order, direction, commanding the
Respondent Authorities to take an
immediate decision upon
application/Grievance filed by the
petitioner for her transfer on the ground
of distance within the district and allot
her any of the school of her opted choices
given on e- Shiksha Kosh portal and
redressed her raised grievance as she has
been allotted a school which she never
opted for her transfer and distance of her
present place of posting is more than
previous one.
4. The learned counsel for the petitioner submits
that similar matters have already been disposed of vide
order dated 29.01.2026 passed in CWJC No. 1251 of 2026
and vide order dated 19.02.2026 passed in CWJC No. 2693
of 2026 and, accordingly, he prays that this case may also
be disposed of in terms of those orders.
5. To the aforesaid prayer made by the learned
counsel for the petitioner, the learned counsel appearing for the
respondent-State does not have any objection.
6. Considering the fact that similar matters have
already been considered by this Court and disposed of vide
Patna High Court CWJC No.2930 of 2026(2) dt.13-03-2026
3/4
order dated 29.01.2026 passed in CWJC No. 1251 of 2026
and vide order dated 19.02.2026 passed in CWJC No. 2693
of 2026, the present writ application is disposed of in terms
of those orders and the petitioner is granted liberty to file a
fresh representation before the District Education officer,
Patna within 15 days from today. If such a representation is
filed within the stipulated time, then District Education
officer, Patna is directed to 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. Needless to emphasize that the final order, which
shall be passed by the District Education officer, Patna,
should be reasoned and speaking order.
7. It is further made clear that in case the petitioner is
found entitled to the relief, which he is seeking through the
representation, the same should be extended to the
petitioner within a further period of 15 days from the date
of passing of the final order passed by the District
Education Officer, Patna.
8. With the aforesaid observation/direction and
liberty granted, this writ application is disposed of.
Patna High Court CWJC No.2930 of 2026(2) dt.13-03-2026
4/4
9. All pending interlocutory application(s), if any,
shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J)
HR/-
U
Checking your session…