Patna High Court
Deepanshu RajversusThe 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 to post him to an available vacancy within six weeks.
Summary
The petitioner, a BPSC TRE-1 school teacher, filed a writ petition seeking a transfer under the Bihar Education Department's transfer policy (Memo No. 1729 dated 07.10.2024) citing special circumstances, namely the distance of his posting (approximately 70 km) from his home and family responsibilities. He had applied through the e‑Shikshakosh portal (Application No. TR‑24140406 dated 07.12.2024) but no action was taken. The State counsel raised no objection to the factual submissions. The Court held that the existing policy obliges the authorities to consider the petitioner's request and to post him to any vacant position among the options he selected. Accordingly, the respondents were directed to issue an order effecting the transfer within six weeks, and the writ petition was disposed of.
Issues considered
- Whether the petitioner is entitled to a transfer under the State Education Department's transfer policy on the ground of special circumstances.
- Whether the respondent authorities are mandated to act on the petitioner's transfer application within a reasonable time.
Subjects
- transfer of government teacher
- public service
- writ petition
- administrative law
- education department
- special circumstances
- e‑Shikshakosh portal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5960 of 2026
======================================================
Deepanshu Raj S/o Shri Chandradeep Kumar, Resident of C/o Late Gopal
Narayan Shah, Sudhi Tola Lane, Mahendru, P.S.- Pirbahore, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Bihar, Patna.
2. The Secretary, Education Department, Bihar, Patna.
3. The Director, Primary Education, Education Department, Bihar, Patna.
4. The District Magistrate, Patna.
5. The District Education Officer, Patna.
6. The District Programme Officer (Establishment), Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alexander Ashok
For the Respondent/s : Mr.Standing Counsel (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 23-04-2026 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 transfer the petitioner,
who is a BPSC TRE-1 School Teacher, considering his
application for transfer under the policy of the State
Government, under Transfer Application No.TR24140406 and
Grievance Application vide Grievance No.25062812831 and
25091836336.
3. Learned counsel for the petitioner submits that the
petitioner was appointed as Government Teacher, Subject-
Patna High Court CWJC No.5960 of 2026(2) dt.23-04-2026
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Computer Science at SDDS High School, Athmalgola and has
been discharging his 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, whereby
teachers have been permitted to seek transfer on the basis of
special circumstances. The petitioner applied for transfer in
terms of the said policy through the e-Shikshakosh portal and
submitted an application bearing Application No. TR-24140406
dated 07.12.2024 on the ground of distance from his desired
place of posting. It is further submitted that the petitioner’s
present place of posting is approximately 70 km away from his
home. The petitioner has only his wife and mother living with
him, both of whom are dependent on him and require his care.
However, due to his posting at a distant place, he is unable to
properly take care of them. Lastly, it is submitted that, till date,
no action has been taken on the petitioner’s application.
Therefore, since a policy already exists to address such
grievances, the petitioner’s 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
Patna High Court CWJC No.5960 of 2026(2) dt.23-04-2026
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petitioner.
6. Considering the aforesaid facts and circumstances,
the respondent nos.4 and 5 are directed to consider the request
for transfer made by the petitioner and to post him against any
available vacancy from the options given by him 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 him,
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/-
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