Patna High Court
Sukrity YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is disposed of, directing the petitioner to file a fresh representation before the District Education Officer, who must decide the matter within a month, thereby obviating the need for a mandamus.
Summary
Sukrity Yadav filed a writ petition seeking a mandamus directing the Bihar Education Department to promptly decide her transfer request on the ground of distance and to allot her a school she had opted for on the e‑Shiksha Kosh portal. The petitioner argued that she had been allotted an unwanted school and cited several earlier writ orders where similar grievances were disposed of. The respondent State raised no objection to the relief sought. The Court observed that the matter was analogous to the earlier orders and, instead of issuing a mandamus, directed the petitioner to file a fresh representation before the District Education Officer within 15 days, and ordered the officer to decide the representation within one month, issuing a reasoned order. The Court further directed that if relief is granted, it be implemented within 15 days of the final order. Consequently, the writ application was disposed of with liberty to approach the education officer.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing the education authorities to decide on her transfer application and school allocation.
- Whether the court may dispose of the writ by referring to earlier similar orders without further adjudication.
- Whether the petitioner should be directed to file a fresh representation before the District Education Officer for resolution.
Subjects
- mandamus
- transfer grievance
- education department
- district education officer
- writ jurisdiction
- distance based transfer
- school allocation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5967 of 2026
Sukrity Yadav Wife of Nand Kishore, Resident of Vifllage- Naurangabad,
P.S.- Hajipur, District- Vaishali at present resident of Flat No. 202, Sai Sarika
Sadan Bihar, Urja Nagar, Danapur Khagaul Road, P.S.- Danapur, District-
Patna.
... ... 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 3
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner 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. The petitioner, in the present writ application,
has prayed for the grant of the following relief:-
Patna High Court CWJC No.5967 of 2026(2) dt.08-05-2026
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“For issuance of Writ in the nature of
Mandamus or any other appropriate Writ,
Order, direction, commanding the
Respondent Authorities take an immediate
decision upon application/Grievance filed
by the petitioner for her transfer on the to
ground of distance within the district and
allot her any of the school of her opted
choices given on e-Shiksha Kosh portal and
redressed her raised grievance as she has
been allotted a school which she never opted
for her transfer and distance of her present
place of posting is more than previous one.”
4. Learned counsel for the petitioner 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, vide
order dated 13.03.2026 passed in CWJC No. 2930 of 2026,
and vide order dated 27.04.2026 passed in CWJC No. 5577
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 the learned
counsel for the petitioner, learned counsel appearing for the
respondent-State does not have any objection.
Patna High Court CWJC No.5967 of 2026(2) dt.08-05-2026
3/4
6. Considering the fact that similar matters have
already been considered and disposed of, details of which have
been given in the aforementioned paragraph, the present writ
application is also disposed of in terms of those orders, and the
petitioner is granted liberty to file a fresh representation before
the District Education Officer, Patna, within 15 days from today.
If such a representation is filed by the petitioner within the
stipulated time, the District Education Officer, Patna is directed
to dispose of the same within a further period of one month
from the date of receipt of the representation, after giving an
opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order,
which shall be passed District Education Officer, Patna, should
be a reasoned and speaking order.
8. It is further made clear that in case the petitioner
is found entitled to the relief, which the petitioner would be
seeking through the representation, the same should be
extended to the petitioner 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.
Patna High Court CWJC No.5967 of 2026(2) dt.08-05-2026
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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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