Patna High Court
Mrityunjay MayankversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
2/3
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
Checking your session…