Patna High Court
Ritu SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that the respondents must honour the petitioner’s transfer request and post her to any vacancy among her five preferred choices within four weeks.
Summary
The petitioner, a primary school exclusive teacher, applied for transfer on special grounds, citing her husband’s posting in Patna Sadar Urban Block and her medical condition of varicose veins. Under the Bihar School Exclusive Teachers Rules, 2023 (as amended in 2024), female teachers are permitted transfer based on the husband’s place of posting. Despite listing five preferred postings, the department transferred her on 09‑01‑2026 to a remote school 55 km away, ignoring her choices. The State raised no objection to her claim. The Patna High Court directed the respondents to reconsider her request and post her to any vacancy among her five listed options within four weeks, and allowed her to place her medical condition on record. The writ application was disposed of with these directions.
Issues considered
- Whether the transfer of a female exclusive teacher must adhere to the provisions of the Bihar School Exclusive Teachers Rules, 2023 (amended 2024) that allow transfer on the basis of the husband’s posting.
- Whether the department’s transfer order dated 09‑01‑2026, which ignored the petitioner’s five preferred choices, is violative of the said policy and therefore liable to be set aside.
- Whether the petitioner’s medical condition (varicose veins) warrants consideration in granting a transfer.
Subjects
- transfer of teachers
- exclusive teacher
- women teacher
- husband’s posting
- medical condition
- Bihar School Exclusive Teachers Rules
- civil writ jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5257 of 2026
======================================================
Ritu Singh wife of Uttam Kumar, present resident of Flat No. 101, Sundaram
Enclave, Kitab Bhawan Lane, Police Station - S. K. Puri, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt of Bihar, Patna
2. The Director, Primary Education, Education Department, Govt. of Bihar,
Patna
3. The District Magistrate, Patna
4. The Regional Deputy Director of Education, Patna
5. The District Education Officer, Patna
6. The District Programme Officer (Establishment), Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parijat Saurav
For the Respondent/s : Mr. Rajnish Shandilya, AC to GA-11
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The instant writ application has been filed for the
following reliefs:-
(i) For directing the respondents to make
correction and amendment to the transfer of the
petitioner (who is a primary school teacher) done
on 09.01.2026, which transfer was done by
ignoring her choices, and to transfer the petitioner
in her first choice of transfer/ posting in a
Government school in Patna Sadar Urban Block in
District-Patna, pursuant to her application for
transfer on special ground including the ground of
workplace of her husband.
(ii) To direct the respondents to transfer
Patna High Court CWJC No.5257 of 2026(2) dt.15-04-2026
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the petitioner afresh in a government school in the
Patna Sadar Urban Block in Patna district.
(iii) For any other relief which this Court
may deem fit and proper in the eye of law.
3. Learned counsel for the petitioner submits that the
petitioner was initially appointed as a Niyojit/Panchayat Teacher
in Primary School, Ararua, Madanpur, Aurangabad, vide Letter
No. 7 dated 23.02.2007 issued by the then local appointment
unit, and she duly joined the said school. It is the case of the
petitioner that the State Government has framed the Bihar
School Exclusive Teachers Rules, 2023 (as amended by the
Amendment Rules, 2024), under which Niyojit/Local Body
Teachers were given the option to appear in a competency
examination conducted by the Education Department,
Government of Bihar. The said Rules also provide for transfer of
Exclusive Teachers. The petitioner appeared in the said
examination and successfully passed it. Thereafter, she was
issued a provisional appointment letter bearing No. AUR/ADV-
PR153/2024/ET(1-5)/1158686 dated 25.02.2025 by the District
Education Officer, Aurangabad, pursuant to which she joined on
01.03.2025 as an Exclusive Teacher in her earlier school.
4. It is further submitted that the Education
Department, Government of Bihar, issued a transfer policy for
Patna High Court CWJC No.5257 of 2026(2) dt.15-04-2026
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teachers vide Memo No. 1729 dated 07.10.2024, wherein
female teachers have been permitted transfer on the basis of the
place of posting of their husbands. The petitioner submitted her
application vide Application No. TRI-82990149 dated
13.09.2025 on the e-shikshakosh portal (Annexure-P/6). In her
application, she clearly stated that her husband is working in
Patna Sadar Urban Area and accordingly gave the same as her
first choice. However, all five options exercised by the
petitioner were ignored, and she was transferred vide Letter No.
PATN/IDT/STL/2026/00372 dated 09.01.2026 to Secondary
School, Khapura, Block–Paliganj, Nagar Panchayat–Lalganj
Sehra, District Patna. Paliganj was not among the options given
by the petitioner. The said school is approximately 55 km from
the petitioner’s residence and is situated in a rural area where
commuting is difficult due to the lack of proper public transport
facilities. The petitioner is also suffering from varicose veins,
which makes it extremely difficult for her to travel 55 km each
way (110 km daily) to discharge her duties. It is her case that a
policy already exists to address such grievances, and her case
may be considered in accordance with the said policy.
5. On the other hand, learned counsel for the State has
no objection with regard to the submissions made by the
Patna High Court CWJC No.5257 of 2026(2) dt.15-04-2026
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petitioner.
6. Considering the aforesaid facts and circumstances,
Respondent Nos. 2, 3 and 5 are directed to consider the request
for transfer made by the petitioner and to post her against any
available vacancy from the five options given by her on the e-
Shikshakosh portal. It is expected that the respondent authorities
shall pass an appropriate order posting the petitioner at a place
where a vacancy exists among the options exercised by her,
within a period of four weeks from the date of
receipt/production of a copy of this order.
7. The petitioner shall also be at liberty to place on
record her medical condition, which is affecting her ability to
attend classes at the school, where she is presently posted.
8. With the aforesaid observations and directions, the
writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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