Patna High Court
Binita KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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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