Sweta Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1643 of 2026 ====================================================== Sweta Raj W/o Abhinay Raj, Resident of C/o Mr. Devendra Kumar Sinha, Senior Advocate, Dharmshobha, Beside Officers Hostel, Bailey Road, P.SKotwali, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Bihar, Patna. 3.

The Director Primary Education, Education Department, Bihar, Patna. 4.

The District Magistrate, Patna.

5.

The Regional Deputy Director of Education, Patna. 6.

The District Education Officer, Patna.

7.

The District Programme Officer (Establishment), Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Alexander Ashok, Advocate For the Respondent/s :

Mr. Anjani Kumar, AAG-4, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 02-02-2026 Heard learned counsel for the petitioner and learned Senior Counsel for the Respondent-State.

2. The petitioner in the present writ application has prayed for the grant of following relief:- "That the instant writ application is being filed for issuance of an appropriate writ directing the respondent authorities to issue order of transfer within the Panta Sadar Urban Region with respect to the petitioner who is a BPSC Class-

Patna High Court CWJC No.1643 of 2026(2) dt.02-02-2026 2/3 11-12, TRE-1 Teacher, pursuance to her application dated 08/12/2024."

3. Learned counsel appearing for the petitioner submits that the petitioner is currently posted as BPSC Class- 1112, TRE-1 Teacher at Block-Athmalgola, District-Patna which is about 70 kms from Patna Town. He further submits that on account of the reasons as stated in the transfer application, the petitioner applied for transfer vide transfer application form which has been brought on record by way of Annexure-P/13 and in the said transfer application form, the petitioner has given seven options for place of transfer. Learned counsel for the petitioner further submits that the request for transfer made by the petitioner is in terms of the policy of the State Government contained in resolution dated 1729 dated 07.10.2024, more particularly covered by Clause (1), (i), (vi) and (vii).

Learned counsel for the petitioner further submits that the husband of the petitioner is a practicing Advocate of this Court and, therefore, not in Government Service. It is further submitted that since the request for transfer is squarely covered by the policy of the State Government, therefore, appropriate direction may be given to respondent nos. 3,4 and 6 to consider the request of the petitioner and to post her against any available vacancy in any of the seven options given by the petitioner in the transfer application form.

Patna High Court CWJC No.1643 of 2026(2) dt.02-02-2026 3/3

4. Learned Senior Counsel appearing for the Respondent-State does not oppose the submission made by the learned counsel for the petitioner.

5. Considering the submissions made by the parties and the facts and circumstances stated above, this writ application is disposed of directing the respondent nos. 3,4 and 6 to consider the request for transfer made by the petitioner vide Annexure-P/13 and post her against any available vacancy from the seven options which has been given by the petitioner in the transfer application form. It is expected that the respondent authorities will pass appropriate order posting the petitioner at any place where there is a vacancy from the seven options given by the petitioner within four weeks from the date of receipt/production of a copy of this order.

6. The writ application is accordingly disposed of in the aforesaid terms.

(Alok Kumar Sinha, J) Gaurav Sinha/- U