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Patna High Court

Mrityunjay MayankversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner is entitled to transfer and the respondent authorities must consider his request and post him to an available vacancy within six weeks.

Summary

The petitioner, a school teacher appointed at Uchcha Madhyamik Vidyalaya Madhopur, filed a writ petition seeking transfer to a school nearer his residence, citing a transfer policy (Memo No. 1729 dated 07‑10‑2024) that permits transfers on special circumstances. He argued that his widowed mother suffers from chronic ailments and that his current posting is about 75 km from home, and that his application submitted via the e‑Shikshakosh portal had not been acted upon. The State counsel raised no objection to the petitioner's claims. The High Court examined the statutory transfer policy and the factual circumstances, concluding that the petitioner was entitled to relief under the policy. Consequently, the Court directed the District Education Officer and District Programme Officer to consider the transfer request and to post the petitioner to any available vacancy from his listed options within six weeks. The writ application was thereafter disposed of.

Issues considered

  • Whether the petitioner is entitled to a transfer under the Education Department’s transfer policy (Memo No. 1729/2024) on the ground of special circumstances.
  • Whether the respondent authorities are obligated to act on the petitioner’s transfer application filed through the e‑Shikshakosh portal.

Subjects

  • teacher transfer
  • special circumstances
  • e‑Shikshakosh portal
  • administrative law
  • writ jurisdiction
  • government service rules
  • family care

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6875 of 2026
                 ======================================================
                 Mrityunjay Mayank Son of Shatrughan Choudhary Resident of Village- Bib-
                 hutipur, P.S.- Bibhutipur, District- Samastipur.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Principal Secretary, Human Resource Depart-
                 ment, Bihar, Patna.
           2.    The Principal Secretary, Human Resource Department, Bihar, Patna.
           3.    The Deputy Director of Education, Regional, Samastipur.
           4.    The District Education Officer, District- Samastipur.
           5.    The District Programme Officer, District- Samastipur.
           6.    The Block Education Officer, Mohanpur, District- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Shankar Prasad Roy
                 For the Respondent/s   :        Government Pleader (17)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   05-05-2026                          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
                                            authorities to transfer the petitioner from
                                            Higher Middle School, Madhopur, Sarari to
                                            any Uchcha Madhyamik Vidyalaya under
                                            Bibhutipur Block as per choice in transfer
                                            application vide Annexure-P/3.
                                                       (ii)    For   commanding        the
                                            respondent authority to take legal steps upon
                                            the previous transfer application submitted
                                            by the petitioner.
                                                       (iii) For any other relief(s) to
Patna High Court CWJC No.6875 of 2026(2) dt.05-05-2026
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                                 which the petitioner is found entitled in the
                                 facts and circumstances of the case.


                      3. Learned counsel for the petitioner submits that the

          petitioner was appointed as School Teacher, in Uchcha

          Madhyamik Vidyalaya Madhopur, Sarari 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, on the

          ground that his widowed mother is suffering from chronic

          ailments and is under treatment by various doctors, and there is

          no one to look after her. It is further submitted that the

          petitioner’s present place of posting is approximately 75 km

          away from his residence. It is contended that, till date, no action

          has been taken on the petitioner’s application. Hence, 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.6875 of 2026(2) dt.05-05-2026
                                                       3/3




                     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/-

U


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