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Patna High Court

Ratneshwar Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-

U


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