Patna High Court
Anupam RaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner is entitled to be considered for transfer under the policy and directed the respondents to post her to an available vacancy within four weeks.
Summary
The petitioner, a General Teacher of English appointed to a school in Paliganj, filed a writ petition seeking a transfer within Patna Municipal Corporation under the Education Department's transfer policy (Memo No. 1729, 07‑10‑2024). She claimed hardship because her husband, a non‑transferable translator in the SUVAS Cell of the High Court, resides 55 km away, forcing her to travel 110 km daily and leave her 10‑month‑old child. The petitioner submitted her transfer application through the e‑Shikshakosh portal on 15‑12‑2024, citing special circumstances, but no action was taken. The State had no objection to her submissions. The Court, after hearing both sides, directed the Director of Primary Education, the District Magistrate, and the District Education Officer to consider her request and post her to any available vacancy among the options she selected, within four weeks. The writ application was consequently disposed of.
Issues considered
- Whether the petitioner is entitled to a transfer under the Education Department's transfer policy on the ground of special circumstances and hardship.
- Whether the High Court can issue a mandatory direction to the respondent authorities to effect such a transfer.
Subjects
- Transfer of government teachers
- Special circumstances
- Administrative law
- e‑Shikshakosh portal
- Writ jurisdiction
- Hardship
- Education Department policy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5522 of 2026
======================================================
Anupam Rani Wife of Shri Saket Kumar, Resident of Flat No.104, Lalita
Apartment Chankya Nagar, Kumhrar, B. H. Colony, P.S. Agamkuan, District-
Patna.
... ... 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, Patna.
5. The Regional Deputy Director of Education, Patna Division.
6. The District Education Officer, Patna.
7. The District Programme Officer (Establishment), Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alexander Ashok
For the Respondent/s : Advocate General
======================================================
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 order of transfer
within the Patna Municipal Corporation with respect to the
petitioner who is a BPSC GT (11-12), General Teacher, Subject-
English pursuance to her application dated 15.12.2024 and
28.08.2025 from amongst the options that she exercised.
3. Learned counsel for the petitioner submits that the
petitioner was appointed as General Teacher, Subject- English
Patna High Court CWJC No.5522 of 2026(2) dt.18-04-2026
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at Uchcha Madhyamik Vidyalaya, Soniyawa, Block- Dulhin
Bazar, Sub-Division- Paliganj, Patna 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.
The petitioner accordingly submitted an application for transfer
bearing Application No. TR-24263860 dated 15.12.2024 on the
ground that her husband is posted as a Translator in the SUVAS
Cell of this Hon’ble Court, the nature of which is non-
transferable. It is further submitted that her present place of
posting is about 55 km away from her matrimonial home, where
she resides with her husband and newborn baby, and she is
required to travel approximately 110 km daily, which takes
about six hours. This causes considerable hardship, particularly
as she has to leave behind her 10-month-old child. However, till
date, no action has been taken on her application. Therefore,
since a policy already exists to address such grievances, her case
ought to be considered in accordance with the said policy.
Patna High Court CWJC No.5522 of 2026(2) dt.18-04-2026
3/3
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 nos.3, 4 and 6 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 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/-
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