Patna High Court

Indu Bhushan LalversusThe State of Bihar

Decided: 24 March 2026
Disposal: DISPOSED
Bench: ALOK KUMAR SINHA

Holding

The Court directed the District Teachers Promotion and Transfer Committee and the District Programme Officer to consider the petitioner’s transfer request in accordance with the earlier judgment, effectively extending the same relief to the petitioner.

Summary

Indu Bhushan Lal, a headmaster posted on deputation for over two and a half years, filed a writ petition seeking a mandamus directing the District Teachers Promotion and Transfer Committee and the District Programme Officer to consider his transfer to one of three vacant headmaster posts on safety grounds after an FIR was lodged against another teacher. He relied on Rule 3 read with Rule 5(Kha) of the Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion) Rules, 2018, and cited a prior Patna High Court decision (CWJC No. 19400 of 2019) that had ordered similar relief. The State of Bihar did not contest the applicability of that precedent. The Court, with the parties’ consent, disposed of the writ by directing the relevant authorities to consider the petitioner's case in light of the earlier judgment and to issue a decision within a stipulated period, directing the petitioner to file fresh representation within four weeks. No substantive order on the transfer was made; the petition was dismissed with directions for further consideration.

Issues considered

The petitioner’s entitlement to a mandamus directing his transfer under Rule 3 and Rule 5(Kha) of the 2018 Bihar Teacher Transfer Rules.
Whether the earlier Patna High Court judgment in CWJC No. 19400 of 2019 is applicable to the present case.
Whether the respondent authorities must consider the petitioner's transfer request within the time frame prescribed by the Court.

Subjects

transfer of teachers
mandamus
deputation
educational service rules
high court writ jurisdiction
district teachers promotion and transfer committee
safety of life and property

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3647 of 2026

Indu Bhushan Lal Son of Late Baljeet Prasad, Resident of village- New
Khajasarai, Police Station- Loaheriasarai, District- Darbhanga, At present
posted and working as a Headmaster in Upgraded High School Saho, Anchal-
Biraul, District- Darbhanga.

... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary-cum-the Principal Secretary, Education
Department, Govt. of Bihar, Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The District Magistrate, Darbhanga.
5. The Regional Deputy Director of Education, Darbhanga Division,
Darbhanga.
6. The District Teachers Promotion and Transfer Committee, Darbhanga
headed by the District Education Officer-cum-the Chairman, District
Elementary Teachers Promotion and Transfer Committee, Darbhanga.
7. The District Program Officer (Establishment) -cum- the Member Secretary,
District Elementary Teachers Promotion and Transfer Committee,
Darbhanga.
8. The District Education Officer, Darbhanga.
9. The District Programme Officer (Establishment), Darbhanga.

... ... Respondent/s

Appearance :
For the Petitioner/s : Mr.Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr.Addl. Advocate General 04

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER

2 24-03-2026 Heard the learned counsel for the petitioner and the

learned counsel for the respondent-State.
Patna High Court CWJC No.3647 of 2026(2) dt.24-03-2026
2/6

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 the following reliefs:-

“For issuance of an appropriate writ in the
nature of mandamus for commanding and
directing the respondent authorities i.e. the
District Teachers Promotion and Transfer
Committee, Darbhanga headed by the District
Education Officer -cum- the Chairman, District
Elementary Teachers Promotion and Transfer
Committee, Darbhanga and the District
Programme Officer (Establishment) -cum- the
Member Secretary, District Elementary Teachers
Promotion and Transfer Committee, Darbhanga
to consider the case of the petitioner for his
transfer as per Rule 3 read with Rule 5 (Kha) of
Bihar Nationalized Elementary Teacher Transfer
(Disciplinary Action and Promotion), Rule, 2018,
in one of the three schools, namely, Govt. Adarsh
Middle School Laheriasarai, Anchal –
Darbhanga Nagar, District – Darbhanga, Govt.
Middle School Panda Sarai, Anchal –
Darbhanga Nagar, District- Darbhanga or Govt.
Middle School Kali Asthan, Anchal – Darbhanga
Nagar, District – Darbhanga, where the post of
Headmaster is sanctioned and vacant, on the
ground of safety of his life and property, as
Patna High Court CWJC No.3647 of 2026(2) dt.24-03-2026
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earlier due to an occurrence in the school an
F.I.R. was lodged vide SC/ST P.S. Case No.
49/2023 on 17.07.2023 (District-Darbhanga)
against one of the teachers, namely, Kamaluddin
Khan and the petitioner thereafter has been kept
on deputation in Govt. Upgraded Middle School
Chichaul, Anchal - Hanumannagar, District –
Darbhanga and he has been discharging his
duties on deputation for last two and half years
and in spite of repeated requests and
representations, no action has been taken by the
respondent authorities concerned for his transfer
in any one of the schools for which, the petitioner
has exercised his options.
II. For issuance of an appropriate writ in the
nature of mandamus for commanding directing
the respondent authorities concerned to
sympathetically consider and redress the genuine
grievances of the petitioner for his transfer in
anyone of the three schools, namely, Govt.
Adarsh Middle School Laheriasarai, Anchal –
Darbhanga Nagar, District – Darbhanga, Govt.
Middle School Panda Sarai, Anchal –
Darbhanga Nagar, District- Darbhanga or Govt.
Middle School Kali Asthan, Anchal – Darbhanga
Nagar, District – Darbhanga, as the petitioner
has been discharging his duties on deputation for
last more than two and half years.
III. For issuance of an appropriate writ in the
nature of mandamus as an alternative prayer of
Patna High Court CWJC No.3647 of 2026(2) dt.24-03-2026
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the petitioner for directing the respondent
authorities concerned to dispose of the
representations of the petitioner by reasoned and
speaking order by ventilating the genuine
grievances of the petitioner for his transfer in
anyone of the three schools referred above.
IV. For Issuance of any other appropriate
writ/writs, order/orders, direction/directions, for
which the writ petitioner will be found entitled in
the facts and circumstances of the case.”

4. The learned counsel for the petitioner submits that

the case of the petitioner is squarely covered by the judgment by

a coordinate Bench of this Court, vide order dated 23.09.2019,

passed in CWJC No. 19400 of 2019 (Chandramani Kumar &

Ors. Vrs. State of Bihar & Ors.), by which the case of

similarly situated persons were directed to be considered by

passing the following order:-

“Without entering into the merit, the present
writ application is disposed of with a direction
to the District Programme Officer
(Establishment), Gaya to consider the case of
the petitioners for transfer in terms of Rule 3
read with Rule 5 (Kha) of Bihar Nationalized
Elementary Teacher Transfer (Disciplinary
Action and Promotion), Rules, 2018 at the
earliest preferably within a period of 60 days
from the date of receipt/production of a copy of
Patna High Court CWJC No.3647 of 2026(2) dt.24-03-2026
5/6

this order.”

5. On the other hand, the learned counsel for the

respondent-State does not dispute the fact and submits that this

case may be directed to be considered in the light of the

aforesaid judgment, and if the case of the petitioner is found to

be covered by the aforesaid judgment, then the same may be

adjudicated in similar terms, for which appropriate direction can

be issued.

6. Considering the aforesaid, this case is directed to be

considered by the District Teachers Promotion and Transfer

Committee, Darbhanga (respondent no.6) and the District

Programme Officer (Establishment), Darbhanga (respondent

no.7), in the light of the aforesaid judgment, and if the case of

the petitioner is found covered by the said judgment, then

necessary order, in similar terms, may be passed and benefits,

which are allowed to those petitioners, shall also be extended in

favour of the present petitioner, for which fresh representation

shall be filed by the petitioner, in continuation with the earlier

representation(s), which are appended with this writ petition as

Annexures P/5, P/6, P/7, P/9, P/10, P/11, P/12, P/14, P/15,

P/16, P/17 and P/18 respectively, within a period of four weeks

from today, and on submission of such representation within a
Patna High Court CWJC No.3647 of 2026(2) dt.24-03-2026
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period of six weeks, the same shall be considered in similar

terms.

7. With the aforesaid observation/direction and liberty

granted, the present writ application stands disposed of.

8. All pending interlocutory application(s), if any,

shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J)
HR/-

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