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Patna High Court

Arjun Kumar RajakversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the petitioner to file a fresh representation and directed the respondents to consider his transfer request and post him to any vacancy among his ten listed options within six weeks.

Summary

The petitioner, a government teacher with 60% physical disability, filed a writ petition seeking transfer from his present posting to any of the ten preferred schools he listed, invoking the State Government's transfer policy (Resolution No. 1729). He alleged that the earlier transfer to Rajouli Block was contrary to his options and that the policy mandates consideration of his disability and preferences. The State did not oppose the petition. The Court directed the petitioner to file a fresh representation referencing his earlier application and ordered the District Magistrate and District Education Officer to consider his request and post him to any vacancy among his ten options within six weeks. The writ application was disposed accordingly.

Issues considered

  • Whether a government teacher with 60% disability is entitled under the State Government's transfer policy to be transferred to one of his ten preferred options.
  • Whether the court can direct the respondents to consider a fresh representation and order the transfer.
  • Whether the writ petition is maintainable for relief of transfer.

Subjects

  • transfer
  • disability
  • government employee
  • education department
  • writ jurisdiction
  • administrative law
  • right to transfer
  • policy implementation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3244 of 2026
                 ======================================================
                 Arjun Kumar Rajak Son of Chandrika Rajak, Resident of Mohalla-
                 Ramnagar, P.O. and P.S.- Nawada, District- Nawada.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Additional Chief Secretary-cum-Principal
                 Secretary, Education Department, Government of Bihar, Patna.
           2.    The Director, Secondary Education, Govt. of Bihar, Patna.
           3.    The District Magistrate, Nawada.
           4.    The Regional Deputy Director of Education, Magadh Division, Gaya.
           5.    The District Education Officer, Nawada.
           6.    The District Programme Officer (Establishment), Nawada.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Ms. Muskan Singh
                 For the Respondent/s   :      Mr. Madhusudan Rai, AC to SC- 23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   16-03-2026                    Heard learned counsel for the parties.

                               2. The instant application has been filed for the

                   following reliefs:-

                                  (i) For directing and commanding the respondents
                                  to transfer the petitioner from his present place of
                                  posting i.e. Uchya Madhyamki Vidyalya (Amawan
                                  West), Rajouli under Nawada District to any other
                                  Uchya Madhyamik Vidyalaya under Nawada,
                                  Sadar Block or under the 10+2 schools comes
                                  under Nawada, Nagar Parishad as the petitioner is
                                  physically 60% disabled.
                                  (ii) For directing the respondents specifically
                                  Director Secondary Education to exercise his
Patna High Court CWJC No.3244 of 2026(2) dt.16-03-2026
                                            2/4




                          administrative power in the matter of petitioner so
                          that grievance of the petitioner may be redressed.
                          (iii) For any other relief for which the petitioner is
                          found entitled to in the facts and circumstances of
                          the case.



                      3. Learned counsel appearing for the petitioner

          submits that the petitioner was initially appointed and joined his

          services in Jamui District on 21.03.2017 and, in the year 2025,

          he was transferred to Amawan West, Uchya Madhyamik

          Vidyalaya, Rajouli under Nawada District in light of Letter No.

          NAW/TRANSFER/2025/00143, where he is presently working.

          He further submits that a transfer policy was published by the

          Department of Education, Government of Bihar, in which ten

          options were called for from the teachers seeking transfer.

          Accordingly, the petitioner had given ten options in his transfer

          application, but surprisingly he has been transferred to Rajouli

          Block, which is about 30 km from the residence of the petitioner

          and does not form part of the options submitted. It is further

          submitted that on account of the reasons stated in the transfer

          application, the petitioner applied for transfer vide the transfer

          application form which has been brought on record by way of

          Annexure-P/2, wherein the petitioner has given requisite options

          for his place of transfer. Learned counsel for the petitioner
Patna High Court CWJC No.3244 of 2026(2) dt.16-03-2026
                                            3/4




          further submits that the request for transfer made by the

          petitioner is in terms of the policy of the State Government

          contained in Resolution No. 1729 dated 07.10.2024, more

          particularly covered under Clause (1)(i), (vi) and (vii). It is

          further submitted that the petitioner is physically 60% disabled

          and since the request for transfer is squarely covered by the

          policy of the State Government, an appropriate direction may be

          issued to respondent nos. 3 and 5 to consider the request of the

          petitioner and to post him against any available vacancy in any

          of the ten options given by the petitioner in the transfer

          application form.

                      4. Learned Senior Counsel appearing for the

          Respondent-State does not oppose the submission made by the

          learned counsel for the petitioner.

                      5. Considering the submissions made by the parties

          and the facts and circumstances stated above, the petitioner is

          directed to file a fresh representation, giving reference to the

          earlier representation, within two weeks from today before

          respondent nos. 3 and 5. Upon receipt of such representation,

          respondent nos. 3 and 5 shall consider the request for transfer

          made by the petitioner vide Annexure-P/2 and post him against

          any available vacancy from the ten options given by the
           Patna High Court CWJC No.3244 of 2026(2) dt.16-03-2026
                                                       4/4




                     petitioner in the transfer application form.

                                 6. It is expected that the respondent authorities shall

                     pass an appropriate order posting the petitioner at any place

                     where there is a vacancy from the ten options given by the

                     petitioner within six weeks from the date of receipt/production

                     of a copy of this order, if applicable, in terms of the policy, so

                     framed by the State Government.

                                 7. The writ application is accordingly disposed of in

                     the aforesaid terms.



                                                              (Ajit Kumar, J)

shikha/-

U


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