Patna High Court
Shabana KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court ordered the Director, Secondary Education, to consider the petitioner’s representations and pass an appropriate transfer order within four weeks.
Summary
The petitioner, a headmistress in the Bihar Education Department, filed a writ seeking transfer to a school nearer her residence due to a knee ailment, hypertension and thyroid problems, and because she is nearing retirement. She had previously served as an assistant teacher and was promoted in March 2024, subsequently posting at Rajendra Kusth Sewashram Girls High School, Mairwa. Despite submitting multiple representations with medical certificates to the Director of Secondary Education, no action was taken. The State counsel expressed no objection provided the representation is decided per government policy. The Court directed the Director to consider the petitioner’s representations and issue an appropriate order within four weeks, thereby disposing of the writ application.
Issues considered
- Whether the petitioner is entitled to a transfer on health and service‑length grounds under the applicable service rules
- Whether the court can direct the education authority to consider pending representations and pass an order within a specified time
Subjects
- transfer of government employee
- health grounds
- service rules
- representation
- writ jurisdiction
- education department
- retirement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6130 of 2026
======================================================
Shabana Khatoon W/o - Abdul Rahman, R/o M.M. Nagar Colony, R.K.
Model School, Siwan, P.S.- Sarai (O.P.), District- Siwan. presently posted as
Headmaster in Rajendra Kusth Aashram Girls High School, Mairwa, Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Education
Department, Government of Bihar, New Secretariat, Vikas Bhawan, Bailey
Road, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, New Secretariat, Vikas Bhawan, Bailey Road, Patna.
3. The Director, Secondary Education, Department of Education, Government
of Bihar, Patna.
4. The Collector, Siwan.
5. The District Education Officer, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Shrivastava
For the Respondent/s : Mr. Ramadhar Singh, Government Pleader-25
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The instant writ application has been filed for the
following reliefs:-
(i) For directing the respondent authority to post/
transfer the petitioner to any school within the
municipal limits of Siwan City and nearby her
village- Aranda situated at M.H. Nagar P.S.
Hasanpura, District- Siwan, keeping in view her
impending retirement, longstanding service and
prevailing medical condition.
(ii) For disposal of representation dated
24.06.2024 followed by representation dated
20.01.2025 and 14.05.2025 and 18.09.2025.
Patna High Court CWJC No.6130 of 2026(2) dt.27-04-2026
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(iii) For grant of any other relief(s) upon which the
petitioner is entitled to get on the basis of facts and
law both.
3. Learned counsel for the petitioner submits that the
petitioner was appointed as an Assistant Teacher in Public High
School, Sahuli, Siwan, and was promoted to the post of
Headmistress vide Memo No. 626 dated 01.03.2024. She was
directed to be posted at Rajendra Kusth Sewashram Girls High
School, Mairwa, Siwan. In compliance with the said order, the
petitioner joined on 02.03.2024 on the said post and has since
been discharging her duties to the satisfaction of the authorities.
4. It is further submitted that the petitioner is suffering
from a knee ailment and is unable to travel long distances. She
is also suffering from high blood pressure and thyroid-related
issues. She has made several representations before the Director,
Secondary Education, along with medical prescriptions, seeking
her transfer; however, the same have not been considered till
date.
5. On the other hand, learned counsel for the State has
no objection with regard to the submissions made by the
petitioner if the representation is directed to be decided as per
the Government policy.
6. Considering the aforesaid facts and circumstances,
Patna High Court CWJC No.6130 of 2026(2) dt.27-04-2026
3/3
this Court deems it fit to dispose of the writ application with a
direction to Respondent No. 3 to consider the representations of
the petitioner and pass an appropriate order in accordance with
law, keeping in mind her health condition and the fact that she is
at the fag end of her service, within a period of four weeks from
the date of receipt/production of a copy of this order.
(Ajit Kumar, J)
shikha/-
U
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