Patna High Court
Rahul Kumar PandeyversusThe State of Bihar, through the Additional Chief Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is disposed of, with the petitioners directed to file fresh representations before the District Education Officer, who must decide within a month and issue a reasoned order.
Summary
Petitioners Rahul Kumar Pandey and Diksha filed a writ petition seeking a mandamus directing the State Education authorities to transfer them to a school of their choice on the basis of distance. The petition relied on earlier similar orders (CWJC Nos. 1251, 2693, 2930 of 2026) and asked for the same relief. The respondent State did not oppose the prayer. The Court, with the parties' consent, disposed of the writ by referring to the earlier orders and directing the petitioners to file fresh representations before the District Education Officer within 15 days, who must decide within a month and issue a reasoned order. If the petitioners are found entitled to relief, it must be granted within 15 days of that final order. All interlocutory applications were deemed disposed.
Issues considered
- What relief, if any, is appropriate in a writ petition seeking mandatory transfer of school admission on the ground of distance?
- Whether the Court should issue a mandamus at this stage or direct the petitioners to approach the District Education Officer under existing procedural precedents?
Subjects
- school transfer
- distance
- mandamus
- writ jurisdiction
- education department
- District Education Officer
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5577 of 2026
======================================================
1. Rahul Kumar Pandey Son of Shashi Bhushan Pandey Resident of Mohalla -
Gouraiya Sthan, Ramkrishna Nagar, P.S. - Ramkrishna Nagar, District-
Patna, Bihar.
2. Diksha D/o Paras Nath Singh Resident of Village - Bakarpur, P.S. - Mahua,
District- Vaishali, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Additional Chief Secretary, Education
Department, Govt. of Bihar,Patna.
2. The Director, Primary Education, Government of Bihar, Patna.
3. District Magistrate, Government of Bihar, Patna.
4. The District Education Officer, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Respondent/s : Mr.Government Pleader (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 27-04-2026 Heard the learned counsel for the petitioners and
learned counsel for the respondent-State.
2. With the consent of the parties, this writ application
is being disposed of at this stage itself.
3. In the present writ application, the petitioners
have prayed for grant of following relief:-,
“For issuance of Writ in the nature of
Mandamus or any other appropriate Writ, Order,
direction, commanding the Respondent
Authorities to take an immediate decision upon
application/grievance filed by the Petitioners for
Patna High Court CWJC No.5577 of 2026(2) dt.27-04-2026
2/3
their transfer on the ground of distance within
the district and allot them any of the school of
their opted choices given on e-Shiksha Kosh
Portal and redressed their raised grievance.”
4. The learned counsel for the petitioners submits that
similar matters have been disposed of, vide order dated
29.01.2026 passed in CWJC No. 1251 of 2026, vide order dated
19.02.2026 passed in CWJC No. 2693 of 2026 and vide order
dated 13.03.2026 passed in CWJC No. 2930 of 2026 and,
accordingly, he prays that this case may also be disposed of in
terms of those orders.
5. To the aforesaid prayer made by learned counsel
for the petitioners, the learned counsel appearing for the
respondent-State does not have any objection.
6. Considering the fact that similar matters have
already been considered by this Court and disposed of, the
details of which have been given in the aforementioned
paragraph, the present writ application is disposed of in terms of
those orders, and the petitioners are granted liberty to file
separate fresh representations before the District Education
Officer, Patna within 15 days from today. If such representations
are filed within the stipulated time, the District Education
Officer, Patna is directed to dispose of the same within a period
Patna High Court CWJC No.5577 of 2026(2) dt.27-04-2026
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of one month from the date of receipt of the representations,
after giving an opportunity of hearing to the petitioners.
7. Needless to emphasize that the final order, which
shall be passed by the District Education Officer, Patna, should
be a reasoned and speaking order.
8. It is further made clear that in case the petitioners
are found entitled to the relief, which the petitioners would be
seeking through the representations, the same should be
extended to the petitioners within a period of 15 days from the
date of passing of the final order by the District Education
Officer, Patna.
9. With the aforesaid observation/direction and liberty
granted, this writ application stands disposed of.
10. All pending interlocutory application(s), if any,
shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J)
HR/-
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