Patna High Court
Nilam KumariversusThe State of Bihar, through the Additional Chief Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the respondent authorities to consider the petitioner's transfer request and post her to any vacancy among her chosen options within four weeks.
Summary
The petitioner, Nilam Kumari, a science teacher appointed in Bhojpur, filed a writ petition seeking a transfer to a school in Patna district, citing the Education Department's transfer policy (Memo No. 1729/2024) and the serious health condition of her mother‑in‑law. She had applied through the e‑Shikshakosh portal, selecting ten preferred Panchayats/Nagar Parishads/Nagar Nigams, but was instead allotted to Jehanabad, which was not among her choices. Despite her representation to the Director of Primary Education, no response was received. The State counsel raised no objection to her request. The Court held that the respondent authorities must act on the petitioner's transfer request in accordance with the policy and post her to any vacant position among her selected options within four weeks. Consequently, the writ application was disposed of with directions to the respondents.
Issues considered
- Whether the Education Department's transfer policy obliges the respondent authorities to honor the petitioner's transfer request under special circumstances.
- Whether the petitioner is entitled to relief under the writ jurisdiction for the alleged failure to act on her application.
- Whether the availability of vacancies in the petitioner's chosen locations mandates a transfer order.
Subjects
- teacher transfer
- inter‑district transfer
- special circumstances
- e‑Shikshakosh portal
- Education Department policy
- writ jurisdiction
- vacancy allocation
- public service grievance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5475 of 2026
======================================================
Nilam Kumari Wife of Ratnesh Kumar, Resident of Village/Mohalla -
Chandan Bhawan, Maurya Bihar Colony, Bahadurpur Housing Colony, P.S. -
Agamkuan, District- Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The State of Bihar, through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
3. The District Education Officer, Bhojpur, Bihar.
4. The District Education Officer, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Respondent/s : Government Pleader (6)
======================================================
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 take appropriate action
on the application filed by the petitioner to allot her in a school
of Patna District amongst the panchayat/ block she has chosen
on e-shikshakosh portal as per guideline laid down by the
Education Department, Government of Bihar considering her
mother-in-law bad health condition and also considering the
aspect that choices given by the petitioner for his posting is still
vacant. The petitioner prays for directing the respondent
Patna High Court CWJC No.5475 of 2026(2) dt.18-04-2026
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authorities to take an immediate decision upon application filed
by the petitioner for her transfer at any of the school of her
opted options given on e-shikshakosh portal.
3. Learned counsel for the petitioner submits that the
petitioner was appointed as Exclusive Teacher in Science
Subject at UUMV, Vishunpura, in Koilwar Block, Bhojpur and
has been 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
teachers have been permitted to seek transfer on the basis of
special circumstances. The petitioner applied for transfer in
terms of the aforesaid policy through the e-Shikshakosh portal
and opted for ten Panchayats/Nagar Parishads/Nagar Nigams in
the district of Patna, as per her preference. Subsequently, on
12.09.2025, she submitted an inter-district transfer application
through the e-Shikshakosh portal on the ground that her
mother-in-law is a cancer patient and is undergoing continuous
treatment at various medical facilities from Delhi to Patna.
Owing to her critical medical condition, the petitioner is facing
considerable difficulty in taking care of her mother-in-law.
Patna High Court CWJC No.5475 of 2026(2) dt.18-04-2026
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However, the petitioner was allotted Jehanabad district, which
was not among her preferred choices for transfer. Thereafter,
the petitioner submitted a representation via email to the
Director, Primary Education, Education Department, Bihar,
raising her grievance; however, no response has been received
till date. The petitioner further submits that vacancies are
available in schools within the Panchayats/Nagar
Parishads/Nagar Nigams that she had opted for earlier through
the e-Shikshakosh portal. Therefore, since a policy already
exists to address such grievances, her case ought to 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
petitioner.
6. Considering the aforesaid facts and circumstances,
the respondent no.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
Patna High Court CWJC No.5475 of 2026(2) dt.18-04-2026
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period of four 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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