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Patna High Court

Binita KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Education Officer to dispose of the pending complaint within one month and, if the petitioner is entitled, to grant the transfer within a further month.

Summary

The petitioner, a BPSC Class 11-12 TRE-I teacher, filed a writ petition seeking a mandamus directing the respondents to issue a transfer order to a vacant English teacher post in Patna Sadar Urban Region. She had earlier lodged an online complaint on 13 July 2025 with the District Education Officer, which remained pending. The petitioner’s counsel requested that the court direct the District Education Officer to dispose of the complaint within a fixed time and, if she is found eligible, to grant the transfer within an additional month. The respondents raised no objection to this limited prayer. The Court, noting the narrow relief sought, ordered the District Education Officer to decide the pending complaint within one month of receipt of the order, provide a hearing to the petitioner, and, if warranted, issue the transfer order within a further month, thereby disposing of the writ application.

Issues considered

  • Whether a writ of mandamus can be issued directing the District Education Officer to dispose of a pending transfer complaint within a specified time frame.
  • Whether the petitioner is entitled to the transfer order to the vacant English teacher post under the BPSC Class 11-12 TRE-I posting rules.

Subjects

  • mandamus
  • transfer order
  • education department
  • pending complaint
  • BPSC
  • writ jurisdiction
  • District Education Officer

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4048 of 2026
                 ======================================================
                 Binita Kumari Wife of Alakh Niranjal Pal, resident of 302, Shiv Dulari
                 Palace, S.K. Puram Lane No. 17, R.P.S. More, Bailey Road, Danapur, Police
                 Station Danapur, District-Patna.

                                                                     ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Bihar, Patna.
           2.    The Director, Higher Secondary, Education Department, Bihar, Patna.
           3.    The District Magistrate, Patna.
           4.    The Regional Deputy Director of Education, Patna.
           5.    The District Education Officer, Patna.
           6.    The District Programme Officer (Establishment), Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Rupak Kumar, Adv.
                                               Mr. Vikrant Kumar, Adv.
                 For the Respondent/s   :      Mr. Rakesh Ranjan, AC to GP-22
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   30-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the respondents-State.

                                 2. With the consent of the parties the present writ

                   application is disposed of at this stage itself.

                                 3. This writ application has been filed for issuance of

                   writ in the nature of mandamus for issuing direction to the

                   respondents to issue order of transfer within Patna Sadar Urban

                   Region with respect to the petitioner who is said to be a BPSC

                   Class 11-12 TRE-I teacher, in pursuance of her first option

                   given in relation to Khagaul Nagar Parisad in Danapur Block in
Patna High Court CWJC No.4048 of 2026(2) dt.30-03-2026
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          the district of Patna where the post of English Teacher is still

          vacant.

                      4. After advancing some argument, learned counsel

          for the petitioner submits that for claiming the aforesaid relief,

          the petitioner has already filed an online complaint on

          13.07.2025 before the District Education Officer, Patna and the

          same continues to be pending. Learned counsel for the

          petitioner, therefore, submits that the petitioner would be

          satisfied if an appropriate direction would be issued to the

          District Education Officer, Patna to dispose of the pending

          complaint of the petitioner within a fixed time frame, after

          giving an opportunity of hearing to the petitioner.

                      5. To the aforesaid prayer being made by learned

          counsel for the petitioner, learned counsel appearing for

          respondents-State does not have any objection.

                      6. Considering the limited nature of prayer made by

          the learned counsel for the petitioner, this writ application is

          disposed of directing the District Education Officer, Patna

          (respondent no.5) to dispose of the pending complaint of the

          petitioner dated 13.07.2025 (Annexure-P/5) within a period of

          one month from the date of receipt/production of a copy of this

          order, after giving an opportunity of hearing to the petitioner. It
          Patna High Court CWJC No.4048 of 2026(2) dt.30-03-2026
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                    is further made clear that in case the petitioner is found entitled

                    to the relief, which the petitioner is claiming, the same should

                    be extended to the petitioner within a further period of one

                    month from the date of disposal of the compliant dated

                    13.07.2025.

                                7. With the aforesaid observation and direction the

                    present writ application stands disposed of. Pending I.As, if any

                    will be deemed to have been disposed of.


                                            (Alok Kumar Sinha, J)

Prakash Narayan
U


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