Patna High Court
Rashmi JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the District Education Officer, Patna, to dispose of the petitioner’s pending representation within eight weeks, after hearing, and to issue a reasoned order.
Summary
The petitioner, a teacher, filed a writ petition seeking a mandamus directing the State Education authorities to transfer her on the basis of a departmental order, citing a prior court order in CWJC No. 1643 of 2026. The petitioner also requested that her pending representation dated 29‑06‑2025 be disposed of within a fixed time after a hearing. The respondent State raised no objection to the limited prayer. The Court, with the parties' consent, disposed of the writ at this stage, directing the District Education Officer, Patna, to dispose of the pending representation within eight weeks, after hearing, and to issue a reasoned order. If the petitioner is found entitled to the relief, the order must be implemented within one month of the final order. All interlocutory applications were deemed disposed of.
Issues considered
- Whether the petitioner is entitled to a transfer under the departmental order and prior court direction
- Whether the Court can direct the District Education Officer to dispose of the pending representation within a specified time and after a hearing
Subjects
- mandamus
- transfer of teacher
- departmental order
- education department
- writ jurisdiction
- procedural direction
- pending representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5175 of 2026
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Rashmi Jha D/o- Rati Kant Jha, W/o Sunil Kumar Jha, R/o Qtr. no.- 4 Patna
Collegiate School, Dariapur, P.S.- Gandhi Maidan Distt.- Patna, present
address, r/o Parmeshwari Dayal Lane, near State Bank of India, Mahendru,
P.S.- Sultanganj, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Govt. of Bihar at Patna.
2. The Principal Secretary, Department of Education, Govt. of Bihar at Patna.
3. The Director, Department of Education, Govt. of Bihar at Patna.
4. The District Magistrate, Patna at Patna.
5. The District Education Officer, Patna at Patna.
6. The District Programme Officer, (Estb.), Patna at Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amresh Kumar Sinha
For the Respondent/s : Mr.Standing Counsel (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-04-2026 Heard the learned counsel for the petitioner and the
learned counsel for the despondent-State.
2. With the consent of the parties, this writ application
is being disposed of at this stage itself.
3. In the present writ application, the petitioner
has prayed for grant of following relief:-
“To issue a Writ (s) MANDMUS in nature
directing the respondents authorities to
transfer the petitioner on application made
by petitioner on basis of departmental order
as contained in memo no. 02-06/2024-2035
Patna High Court CWJC No.5175 of 2026(2) dt.15-04-2026
2/3
dt. 21/11/2024 preferably on given 10 choice
on ground of Husband and wife both working
as +2 teacher in State of Bihar.”
4. The learned counsel for the petitioner submits that
the case of the petitioner is squarely covered by order dated
02.02.2026 passed in CWJC No. 1643 of 2026 by this Court,
which has been brought on record by way of Annexure-P/7. He,
therefore, submits that the representation filed by the petitioner
on 29.06.2025 (Annexure-P/5) may be ordered to be disposed
of, within a fixed time-frame, after giving an opportunity of
hearing to the petitioner.
5. To the aforesaid submission made by learned
counsel for the petitioner, the learned counsel appearing for the
respondent-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 representation of
the petitioner dated 29.06.2025 (Annexure-P/5) within eight
weeks from the date of receipt/production of a copy of this
order, after giving an opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order, which
shall be passed by the District Education Officer, Patna
Patna High Court CWJC No.5175 of 2026(2) dt.15-04-2026
3/3
(respondent no.5), should be a reasoned and speaking order,
and in case the petitioner is found entitled to the relief(s), which
the petitioner would be claiming through the representation,
then the same should be extended to the petitioner within a
period of one month from the date of passing of the final order
by the District Education Officer, Patna (respondent no.5).
8. With the aforesaid observation/direction the present
writ application stands disposed of.
9. All pending interlocutory application(s), if any,
shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J)
HR/-
U
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