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Patna High CourtCWJC/5020/2026disposed

Rekha Ojha v. The State Of Bihar

2026-04-17Mr. Justice Alok Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5020 of 2026 ====================================================== Rekha Ojha Wife of Shri Raghunath Ojha, Resident of Hanuman Nagar, Shivchendra Path, Kali Mandir Road, Hanuman Nagar, Ashok Nagar, District- Patna, Pin - 800020.

... ... Petitioner/s

Versus

1.

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

2.

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

Director, Secondary Education, Education Department, Bihar, Patna. 4.

Sri Birchand Patel High School, Aat, Ven, District- Nalanda through its Principal.

5.

Principal, Sri Birchand Patel High School, Aat, Ven, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushkar Bharadwaj For the State :

Mr.Subhash Prasad Singh, GA-3 Mr.Dilip Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 17-04-2026 Heard learned counsel for the petitioner and learned counsel for the respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

"(i) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to sympathetically consider the case of the petitioner working as +2 school teacher in the subject of Music for transfer from her present place of posting at Respondent no. 4 school to any of the schools within Patna as detailed in her representation dated 24/02/2026;

Patna High Court CWJC No.5020 of 2026(2) dt.17-04-2026 2/3 (ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities to pass a speaking order and take a decision on the request for transfer made by the petitioner by representation dated 24/02/2026;

(iii) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case."

4. After advancing some argument, learned senior counsel for the petitioner submits that for seeking the aforesaid reliefs, the petitioner has already filed a representation dated 24.02.2026 before the Director, Secondary Education, Education Department, Bihar, Patna (respondent no. 3) , which is still pending. He therefore submits that the petitioner would be satisfied if an appropriate direction be issued by this Court directing respondent no. 3 to dispose of the pending representation of the petitioner within a fixed time frame after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned senior counsel for the petitioner, learned counsel appearing for the respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of directing the Director, Secondary Education, Education Department, Bihar, Patna (respondent no. 3) to dispose of the pending representation of the petitioner dated 24.02.2026

Patna High Court CWJC No.5020 of 2026(2) dt.17-04-2026 3/3 (Annexure-7/2) within four weeks from the date of receipt / production of a copy of this order by the petitioner, after giving an opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order which shall be passed by the Director, Secondary Education, Education Department, Bihar, Patna (respondent no. 3) should be a reasoned and speaking order. In case, the petitioner is found entitled to the relief, which the petitioner has claimed through the pending representation, the same shall be extended to the petitioner within a further period of four weeks from the date of passing of the final order by respondent no. 3.

8. It is expected that the respondent no. 3 will pass the order posting the petitioner at any place where there is a vacancy from the options given by the petitioner which have been indicated in the representation.

9. With the aforesaid observation/direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of. (Alok Kumar Sinha, J) kundan/- U