Patna High Court
Mohan Prasad SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that the transfer request must be considered and ordered the respondents to post the petitioner to an available vacancy within six weeks.
Summary
The petitioner, a BPSC General Teacher, filed a writ petition seeking an order of transfer within Supaul Nagar Parishad, citing a transfer policy issued by the Bihar Education Department that allows transfers on special circumstances. She applied through the e‑Shikshakosh portal on 11‑12‑2024, stating that her father is a cancer patient undergoing treatment in Mumbai, and also approached the District Education Officer, but no action was taken. The Department later directed that grievances regarding district allotment and transfers be raised via the same portal, and the petitioner repeatedly raised her grievance without response. The State had no objection to the petitioner's submissions. The court directed the relevant education authorities to consider her transfer request and post her to any available vacancy among her chosen options within six weeks, thereby disposing of the writ application.
Issues considered
- Whether the education authorities are obligated to act on the petitioner's transfer request under the special circumstances policy and grievance mechanism.
Subjects
- transfer
- special circumstances
- e‑Shikshakosh portal
- education department
- Bihar
- public service
- administrative law
- grievance redressal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5416 of 2026
======================================================
Kajal Kumari d/o Rajkuamr Sah @ Rajkumar Gupta, resident of J.C.I Gali,
Ward No.10, P.S.-Supaul, Block and District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education De-
partment, Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Bihar, Patna.
3. The Director Primary Education, Education Department, Bihar Patna.
4. The District Magistrate, Supaul.
5. The Regional Deputy Director of Education, Koshi Division.
6. The District Education Officer, Supaul.
7. The District Programme Officer, (Establishment), Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alexander Ashok
For the Respondent/s : Standing Counsel (18)
======================================================
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
directing the respondent authorities to issue an order of transfer
within Supaul Nagar Parishad in respect of the petitioner, who is
a BPSC GT (1–5) General Teacher, pursuant to her application
dated 11.12.2024.
3. 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
Patna High Court CWJC No.5416 of 2026(2) dt.18-04-2026
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transfers have been permitted on the basis of special
circumstances. Applications were invited through the e-
Shikshakosh portal of the Department. The petitioner,
accordingly, submitted her application for transfer bearing
Application No. TR-24113971 dated 11.12.2024, stating therein
that her father is a cancer patient and is undergoing treatment at
Tata Memorial Centre, Mumbai. The petitioner also submitted
an application before the District Education Officer, Supaul,
seeking transfer; however, no action was taken.
4. It is further submitted that in the year 2025, the
Department issued a directive to raise grievances through the e-
Shikshakosh portal for allotment of district, transfer to choice
posting, as well as mutual transfer. In pursuance thereof, the
petitioner raised her grievance on several occasions, seeking
transfer and school allotment, but 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.
5. On the other hand, learned counsel for the State has
no objection with regard to the submissions made by the
petitioner.
6. Considering the aforesaid facts and circumstances,
Respondent Nos. 2, 3 and 6 are directed to consider the request
Patna High Court CWJC No.5416 of 2026(2) dt.18-04-2026
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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.
7. With the aforesaid observations and directions, the
writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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