Patna High Court
Deepesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the respondent education authorities to consider the petitioner's transfer request and to post him to an available vacancy within six weeks.
Summary
The petitioner, a school teacher, filed a writ petition seeking transfer from his posting in Belsandi to a school nearer his residence, citing a chronic illness of his widowed mother and a distance of about 80 km. He relied on the Education Department's transfer policy (Memo No. 1729 dated 07.10.2024) which permits transfers on special circumstances, and had applied through the e‑Shikshakosh portal. The State did not contest the petitioner's facts or the applicability of the policy. The Court examined whether the authorities were obligated to act on the transfer application under the policy. It held that the respondent education officials must consider the petitioner's request and post him to any available vacancy among his listed preferences within six weeks. Consequently, the writ application was disposed of with directions to the respondents.
Issues considered
- Whether the petitioner is entitled to a transfer under the Education Department's transfer policy on the ground of special circumstances.
- Whether the respondent authorities are mandated to act on the transfer application filed through the e‑Shikshakosh portal.
Subjects
- Transfer of government employee
- Special circumstances
- Education Department policy
- Writ jurisdiction
- Administrative law
- e‑Shikshakosh portal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6916 of 2026
======================================================
Deepesh Kumar Son of Late Shiv Chandra Roy Resident of Village-
Dashhara, Mohiuddinagar, P.S.- Patori, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Higher Secondary,
Education Department, Bihar, Patna.
2. The Additional Chief Secretary, Higher Secondary, Education Department,
Bihar, Patna.
3. The Regional Deputy Director, Bihar, Samastipur.
4. The District Education Officer, District- Samastipur.
5. The District Programme Officer, District- Samastipur.
6. The Block Education Officer, Kalyanpur, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shambhu Sharan Kumar
For the Respondent/s : Mr. Yatindra Narayan, AC to GP-16
======================================================
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 Utkramit Uchchatar Madhyamik School,
Belsandi, Anchal- Kalyanpur, District- Samatipur to desire place
under Anchal- Mohiuddin Nagar, Samastipur considering the
distance of the school from the house of the petitioner as per
choice of desired place serial no.1 to 10, mentioned at para-8
Patna High Court CWJC No.6916 of 2026(2) dt.05-05-2026
2/3
vide Annexure-4 to the writ application.
(ii) For commanding the respondent authority to take
legal steps upon the transfer application submitted by the
petitioner before respondent no.4.
(iii) For any other relief(s) to 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 Upgraded Higher
Secondary School, Belsandi 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, aged about 55 years, has been
suffering from chronic ailments since the year 2021 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 80 km away from his residence. It is
contended that, till date, no action has been taken on the
Patna High Court CWJC No.6916 of 2026(2) dt.05-05-2026
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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
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/-
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