Patna High Court
Anupma RaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court ordered the respondents to consider the petitioner's transfer request and to post her to any available vacancy among her nominated schools within six weeks.
Summary
The petitioner, a PGT Science teacher appointed by the BPSC, sought a transfer to a school nearer her residence after being posted to a high school 40 km away, invoking a special‑circumstances clause in the Education Department's transfer policy for female teachers. She argued that the posting defeated the purpose of the inter‑district transfer order issued to accommodate her disabled son's medical needs. The State did not contest her claims and raised no objection. The Court examined the transfer policy and the petitioner's repeated representations, finding that the authorities must give effect to her request. Accordingly, the Court directed the District Education Officer and related officials to post her to any vacant position among the schools she nominated within six weeks, and disposed of the writ application.
Issues considered
- Whether the petitioner is entitled to a transfer to a school nearer her residence under the Education Department's special‑circumstances transfer policy.
- Whether the responding authorities are obligated to consider the petitioner's request and post her to an available vacancy within a stipulated time.
Subjects
- transfer
- government teacher
- special circumstances
- disabled child
- writ jurisdiction
- administrative law
- education department
- e‑Shikshakosh portal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5413 of 2026
======================================================
Anupma Rani D/o Janardan Singh, R/o Mohallah- 143, Chandmari, Ward No.
19, Balua Marg, P.O. and P.S.- Motihari, District-Motihari, East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Director Primary Education, Government of Bihar, Patna.
3. The District Education Officer, Patna.
4. The District Programme Officer (Establishment), Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ambrish Kumar Jha, Advocate
For the Respondent/s : Mr. Mujtabaul Haque, GP-12
Mr. Pranoy Kumar, AC to GP-12
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 18-04-2026 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
transfer the petitioner from High School,
Daniyawan, Patna to Government High School,
Kankarbagh, Patna or Bapu Smarak Girls Higher
Secondary School, Rajendra Nagar, Patna Sadar.
(ii) 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 selected through the BPSC for appointment to the
post of PGT teacher. She was appointed as a Science Teacher
(Botany) at Darihara +2 School, Block–Dariyapur, District–
Saran on 16.02.2024. She joined on 20.02.2024 and has been
Patna High Court CWJC No.5413 of 2026(2) dt.18-04-2026
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discharging her duties to the satisfaction of the authorities.
4. It is further submitted that the Education
Department, Government of Bihar, issued a transfer policy for
teachers vide Memo No. 1729 dated 07.10.2024, wherein
female teachers have been permitted transfer on the basis of
special circumstances. The petitioner applied for transfer under
Clause (iii), stating therein that her son is disabled and requires
regular visits to a rehabilitation centre for treatment. Pursuant
thereto, vide Letter No. 868 dated 24.03.2025, the Director,
Primary Education, issued an inter-district transfer order
transferring the petitioner from Saran to Patna. Subsequently,
the District Education Officer, Patna, issued a posting order
placing her at High School, Daniyawan, Block–Daniyawan,
Patna. However, the said place of posting is about 40 km away
from the petitioner’s residence, thereby frustrating the purpose
of transfer.
5. It is further submitted that the Department later
invited objections through the e-Shikshakosh portal regarding
transfer and posting. In response, the petitioner submitted an
application dated 29.06.2025 before the District Education
Officer, Patna, seeking reconsideration of her posting to
Government High School, Kankarbagh, Patna or Bapu Smarak
Patna High Court CWJC No.5413 of 2026(2) dt.18-04-2026
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Girls’ Higher Secondary School, Rajendra Nagar, Patna. Despite
repeated representations, no action has been taken. It is her case
that a policy already exists to address such grievances and her
case ought to be considered accordingly.
6. On the other hand, learned counsel for the State has
no objection with regard to the submissions made by the
petitioner.
7. Considering the aforesaid facts and circumstances,
Respondent Nos. 3 and 4 and the District Magistrate, Patna are
directed to consider the request for transfer made by the
petitioner and to post her against any available vacancy from the
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 six weeks from
the date of receipt/production of a copy of this order.
8. With the aforesaid observations and directions, the
writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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