Patna High Court
Nazma KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner must first file a representation before the Director of Primary Education, and the writ petition is disposed pending compliance with that procedural requirement.
Summary
Nazma Khatoon, a Head Teacher in Bhojpur district, filed a writ petition seeking her transfer to Patna district, relying on a grievance lodged through the e‑Shikshakosh portal (grievance No‑25090415601 dated 04‑09‑2025). She claimed that despite transfer options being recorded, the authorities had not acted in accordance with the Bihar Elementary Schools Head Teachers Rules, 2024. The State contended that a transfer outside the district requires a representation before the Director of Primary Education, which the petitioner had not filed. The Court directed the petitioner to file the required representation within four weeks and ordered that the representation be adjudicated within eight weeks of filing. Accordingly, the writ petition was disposed without ordering a transfer, emphasizing the need to comply with the procedural requirement before substantive relief can be granted.
Issues considered
- Whether the authorities are obligated to issue a transfer order without a representation before the Director of Primary Education
- Whether the grievance filed through e‑Shikshakosh suffices for a transfer request
- What procedural steps are required under the Bihar Elementary Schools Head Teachers Rules, 2024 for adjudicating a transfer
Subjects
- transfer
- government employee
- grievance redressal
- e‑Shikshakosh
- Bihar Elementary Schools Head Teachers Rules, 2024
- writ petition
- administrative law
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4548 of 2026
======================================================
Nazma Khatoon daughter of Mohammad Salimuddin and Wife of Iqbal
Siddiqui, Resident of Quarter No.- 07, Road No. 9, B.V College Campus,
Patna at present residing at Mohalla- Minhaj Nagar, P.S.- Phulwarisharif,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary Department of
Education, Govt. of Bihar, Patna.
2. The Additional Chief Secretary Department of Education, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Dept. of Education Govt. of Bihar, Patna.
4. The Regional Deputy Director of Education, Patna.
5. The District Magistrate, Bhojpur.
6. The District Education Officer, Bhojpur.
7. The District Programme Officer (Establishment), Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Asif Kalim, Adv.
For the Respondent/s : Mr. Mr. Kinkar, SC9
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 02-04-2026 Heard learned counsel for the parties.
2. The writ application has been filed for the
following relief:-
“(i) For issuance of an
appropriate writ order or direction
commanding the respondents authorities to
issue transfer order of the petitioner from
Bhojpur District to Patna District pursuant
to her grievance No-25090415601 dated 04-
Patna High Court CWJC No.4548 of 2026(3) dt.02-04-2026
2/3
09-2025 raised by the petitioner for her
transfer through e Shikshakosh portal.
(ii) For issuance of the an
appropriate writ order or direction
commanding the respondents authorities to
redress the grievance of the petitioner, who
being posted as Head Teacher in P.S
Anusoochit Jati Barka Goan, Block Trari,
District Bhojpur raised her grievance for
transferring her from Bhojpur District to
Patna grievance No-25090415601 dated 04-
09-2025 through e Shikshakosh.
(iii) For any other relief or reliefs
for which petitioner deserves in the opinion
of this Honb'e Court.”
3. Counsel for the petitioner submits that, despite
options for proper transfer in the districts of Patna, Bhojpur, and
Jehanabad having been placed on record through e-Shikshakosh,
which is appended to the writ petition as Annexure P/3, and
further an appropriate representation having been filed before
the District Education Officer, Bhojpur, the same has not been
adjudicated till date strictly in consonance with the Bihar
Patna High Court CWJC No.4548 of 2026(3) dt.02-04-2026
3/3
Elementary Schools Head Teachers Rules, 2024.
4. On the other hand, counsel for the State submits
that since the petitioner is seeking transfer outside the district,
the representation is required to be filed before the Director,
Primary Education. Accordingly, the petitioner may be directed
to file an appropriate representation along with all supporting
materials, as well as the option placed for consideration on the
e-Shikshakosh portal.
5. Considering the aforesaid submissions of the
parties, this Court directs the petitioner to file appropriate
representation before the Director, Primary Education,
Department of Education within a period of four weeks from
today, giving reference to the representation earlier filed, if any,
and, on filing of such representation along with a copy of this
order, the same shall be adjudicated within a period of eight
weeks from the date of filing of the such representation by the
petitioner.
6. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
U
Checking your session…