Ratneshwar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4679 of 2026 ====================================================== Ratneshwar Prasad Singh son of Shri Brijbhan Singh, resident of Village and P.O.- Khajuri, P.S. Naubatpur, Dist- Patna.

... ... Petitioner/s

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. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alexander Ashok, Adv.

For the Respondent/s :

Mr.Standing Counsel (08) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-04-2026 In this writ application, the petitioner has prayed for the following relief:- "1. That the instant writ application is being filed for issuance of an appropriate writ directing the respondent authorities to issue order of transfer of the petitioner from amongst the 10 options given by the petitioner in his transfer application form No. TR-08022700 dated 06/12/2024, considering his grievance under Grievance No.2508099566 and also considering that he is suffering with Cancer."

2. Counsel for the petitioner submits that for the

Patna High Court CWJC No.4679 of 2026(2) dt.06-04-2026 2/3 transfer on the ground of incurable disease as the petitioner is suffering from cancer and requisite medical certificate has also been obtained by the Civil Surgeon vide letter no. 3144 dated 18.11.2024, the petitioner is said to have made appropriate application on E-Shikshakosh Portal of Bihar Education Project Council and as also further representation, in order to get his such transfer application adjudicated on the ground of incurable disease, has also been made before the District Establishment Committee on 09.08.2025 but, the has same till date not been adjudicated.

3. It is next submitted that there is already a policy decision taken by the State authorities for addressing such issues of transfer where the reasons of transfer of the present kind is made by the applicant and despite such policies being in vogue, the petitioner's application has till date not been adjudicated for unexplained reason and the petitioner is facing hardship in carrying out the duties for which the petitioner's appointment on the post of teacher is made.

4. On the other hand, counsel for the State submits that since there is already an application filed on E-shikshakosh portal and further representations have also been placed before the District Establishment Committee, the appropriate authority

Patna High Court CWJC No.4679 of 2026(2) dt.06-04-2026 3/3 may be directed to address the claim of the petitioner for transfer on medical grounds for which appropriate direction may be issued.

5. The District Education Officer, Patna is directed to adjudicate the issues of transfer in relation to this petitioner who has filed such application on medical ground and appropriate medical certificate has also been appended for which the petitioner would file a fresh representation along with this order and as also giving reference to the earlier representations and, on filing of such representation within a period of two weeks from today, it is expected that the same will be placed before the appropriate Committee and necessary decision shall be taken within a period of six weeks from the date of filing of representation and the same shall also be communicated to the petitioner.

6. The writ petition stands disposed of.

(Ajit Kumar, J) rishi/- U