Patna High Court
Ratneshwar Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court ordered the District Education Officer to adjudicate the petitioner's transfer request on medical grounds within six weeks, thereby granting the relief sought.
Summary
The petitioner, a teacher, filed a writ petition seeking an order directing the State of Bihar's education authorities to transfer him to one of ten preferred postings, citing his incurable cancer and a medical certificate. He alleged that his transfer application filed on the E‑Shikshakosh portal and subsequent representations before the District Establishment Committee had not been adjudicated, causing hardship. The State argued that the pending applications should be addressed by the appropriate authority. The court directed the District Education Officer to consider the petitioner's fresh representation, referencing earlier submissions, and to place the matter before the appropriate committee, mandating a decision within six weeks of the representation. The writ petition was thereafter disposed of.
Issues considered
- Whether the petitioner is entitled to a transfer on the ground of an incurable disease under the applicable transfer policy.
- Whether the failure of the education authorities to adjudicate the transfer application violates principles of natural justice.
- Whether the court can issue a directive compelling the District Education Officer to decide the transfer application within a specified time frame.
Subjects
- transfer
- medical grounds
- cancer
- education department
- civil writ jurisdiction
- grievance
- district establishment committee
- natural justice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4679 of 2026
======================================================
Ratneshwar Prasad Singh son of Shri Brijbhan Singh, resident of Village and
P.O.- Khajuri, P.S. Naubatpur, Dist- Patna.
... ... 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.
6. The District Education Officer, Patna.
7. The District Programme Officer, (Establishment), Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alexander Ashok, Adv.
For the Respondent/s : Mr.Standing Counsel (08)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-04-2026 In this writ application, the petitioner has prayed for
the 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 of the petitioner from amongst the 10
options given by the petitioner in his transfer
application form No. TR-08022700 dated
06/12/2024, considering his grievance under
Grievance No.2508099566 and also considering that
he is suffering with Cancer.”
2. Counsel for the petitioner submits that for the
Patna High Court CWJC No.4679 of 2026(2) dt.06-04-2026
2/3
transfer on the ground of incurable disease as the petitioner is
suffering from cancer and requisite medical certificate has also
been obtained by the Civil Surgeon vide letter no. 3144 dated
18.11.2024, the petitioner is said to have made appropriate
application on E-Shikshakosh Portal of Bihar Education Project
Council and as also further representation, in order to get his
such transfer application adjudicated on the ground of incurable
disease, has also been made before the District Establishment
Committee on 09.08.2025 but, the has same till date not been
adjudicated.
3. It is next submitted that there is already a policy
decision taken by the State authorities for addressing such issues
of transfer where the reasons of transfer of the present kind is
made by the applicant and despite such policies being in vogue,
the petitioner’s application has till date not been adjudicated for
unexplained reason and the petitioner is facing hardship in
carrying out the duties for which the petitioner’s appointment on
the post of teacher is made.
4. On the other hand, counsel for the State submits
that since there is already an application filed on E-shikshakosh
portal and further representations have also been placed before
the District Establishment Committee, the appropriate authority
Patna High Court CWJC No.4679 of 2026(2) dt.06-04-2026
3/3
may be directed to address the claim of the petitioner for
transfer on medical grounds for which appropriate direction may
be issued.
5. The District Education Officer, Patna is directed to
adjudicate the issues of transfer in relation to this petitioner who
has filed such application on medical ground and appropriate
medical certificate has also been appended for which the
petitioner would file a fresh representation along with this order
and as also giving reference to the earlier representations and,
on filing of such representation within a period of two weeks
from today, it is expected that the same will be placed before the
appropriate Committee and necessary decision shall be taken
within a period of six weeks from the date of filing of
representation and the same shall also be communicated to the
petitioner.
6. The writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
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