Patna High Court
Rajeev KumarversusThe 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-2 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 his family responsibilities. He had applied through the e‑Shikshakosh portal (Application No. TR‑24204200 dated 02.12.2024) but no action was taken. The State counsel raised no objection to the facts presented. The Court examined whether the existing policy obliges the authorities to consider and act upon the petitioner's transfer request. It held that the respondents must consider the request and post the petitioner to any available vacancy among the options he selected, within six weeks of the order. Consequently, the writ application was disposed of with directions to the respondents.
Issues considered
- Whether the petitioner is entitled to a transfer under the State Education Department's transfer policy on the basis 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
- educational service policy
- special circumstances
- e‑Shikshakosh portal
- Bihar Education Department
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6275 of 2026
======================================================
Rajeev Kumar S/o Shri Mahendra Prasad, Resident of Raj Niwas, Beside
Shemford School, Udaini, New Jaganpura Road, New Bypass, P.S. -
Gopalpur, 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. Abhinay Raj, Advocate
Mr. Alexander Ashok, Advocate
For the Respondent/s : Mr.Standing Counsel (13)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-04-2026 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-2 School Teacher, considering his
application for transfer under the policy of the State
Government, under Transfer Application No.TR24204200 and
Grievance Application vide Grievance No.2508063396.
3. Learned counsel for the petitioner submits that the
petitioner was appointed as Government Teacher, Subject-
Patna High Court CWJC No.6275 of 2026(2) dt.28-04-2026
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Mathematics 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-24204200
dated 02.12.2024 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.6275 of 2026(2) dt.28-04-2026
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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
eShikshakosh 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)
sanjeev/-
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