Patna High Court
Banti KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that the petitioner must first file a representation before the Director, Secondary Education, and therefore dismissed the writ petition.
Summary
The petitioner, Banti Kumar, a BPSC Teacher (English) in Patna, filed a writ seeking an order directing his transfer within the Patna Municipal Corporation, alleging that his application filed on the e‑Shikshakosh portal (TR‑24222086) had not been considered despite a departmental resolution (Memo No. 1729 dated 07‑10‑2024). The State argued that the petitioner must first make a fresh representation before the Director, Secondary Education as per the same resolution. The High Court held that the petitioner must file the required representation within four weeks, after which the concerned authority must decide the matter within eight weeks. Consequently, the writ petition was disposed without granting the transfer order. The court emphasized the need to exhaust the prescribed administrative remedy before judicial intervention.
Issues considered
- Whether the petitioner is entitled to a writ directing immediate transfer without first filing a fresh representation before the Director, Secondary Education.
- Whether the court can bypass the administrative procedure prescribed in Memo No. 1729.
Subjects
- transfer of government teacher
- writ petition
- administrative remedy
- education department
- Patna High Court
- representation
- e‑Shikshakosh portal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4550 of 2026
======================================================
Banti Kumar Son of Rajiv Prasad, Resident of Village- Rajapur, P.S.-
Bachhwara, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Bihar, Patna.
3. The Director Primary Education, Education Department, Bihar, Patna.
4. The District Magistrate, Patna.
5. The Regional Deputy Director of Education, Patna Division.
6. The District Education Officer, Patna.
7. The District Programme Officer, (Establishment), Patna.
8. The District Education Officer, Muzaffarpur.
9. The District Programme Officer, (Establishment), Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alexander Ashok, Adv.
For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP14
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 02-04-2026 Heard learned counsel for the parties.
2. In this writ petition, the petitioner has prayed for
following relief:-
“1. That the instant writ application is
being filed for issuance of an appropriate writ
directing the respondent authorities to issue order of
transfer within the Patna Municipal corporation with
respect to the petitioner who is a BPSC Teacher GT
(11-12), subject- English, pursuance to his
Patna High Court CWJC No.4550 of 2026(2) dt.02-04-2026
2/3
application no. TR-24222086 dated 08/12/2024, from
amongst the options that he exercised.”
3. Counsel for the petitioner submits that option for
transfer has already been placed on e-shikshakosh portal which
is appended with the writ petition as Annexure-P/9 but, the same
has till date not been considered in reference to the resolution of
the Department of Education, which is contained in Memo No.
1729 dated 07.10.2024 and he proposes to ventilate his
grievances by filing an appropriate representation along with a
copy of this order and, as also, all other supportive materials for
consideration by the authority within the time so allowed by this
Court.
4. On the other hand, counsel for the State submits
that the petitioner may be directed to file appropriate fresh
representation before the Director, Secondary Education along
with all supportive materials, which may be directed to be
considered as per the resolution of the State Government as
contained in Memo No. 1729 dated 07.10.2024.
5. Considering the submission of the parties, this
Court directs the petitioner to file appropriate representation
before the Director, Secondary Education within a period of four
weeks from today with all supportive materials and, as also, the
Patna High Court CWJC No.4550 of 2026(2) dt.02-04-2026
3/3
copy of this order and, on filing of such representation, the same
shall be adjudicated by the authority concerned within a period
of eight weeks thereafter.
6. The writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
U
Checking your session…