Patna High CourtCWJC/5475/2026disposed

Nilam Kumari v. The State Of Bihar, Through The Additional Chief Secretary,

2026-04-18Mr. Justice Ajit Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5475 of 2026 ====================================================== Nilam Kumari Wife of Ratnesh Kumar, Resident of Village/Mohalla - Chandan Bhawan, Maurya Bihar Colony, Bahadurpur Housing Colony, P.S. - Agamkuan, District- Patna, Bihar.

... ... Petitioner/s

Versus

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

The District Education Officer, Bhojpur, Bihar. 4.

The District Education Officer, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar For the Respondent/s :

Government Pleader (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 18-04-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant writ application has been filed for directing the respondent authorities to take appropriate action on the application filed by the petitioner to allot her in a school of Patna District amongst the panchayat/ block she has chosen on e-shikshakosh portal as per guideline laid down by the Education Department, Government of Bihar considering her mother-in-law bad health condition and also considering the aspect that choices given by the petitioner for his posting is still vacant. The petitioner prays for directing the respondent

2/4 authorities to take an immediate decision upon application filed by the petitioner for her transfer at any of the school of her opted options given on e-shikshakosh portal.

3. Learned counsel for the petitioner submits that the petitioner was appointed as Exclusive Teacher in Science Subject at UUMV, Vishunpura, in Koilwar Block, Bhojpur and has been discharging her 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, wherein teachers have been permitted to seek transfer on the basis of special circumstances. The petitioner applied for transfer in terms of the aforesaid policy through the e-Shikshakosh portal and opted for ten Panchayats/Nagar Parishads/Nagar Nigams in the district of Patna, as per her preference. Subsequently, on 12.09.2025, she submitted an inter-district transfer application through the e-Shikshakosh portal on the ground that her mother-in-law is a cancer patient and is undergoing continuous treatment at various medical facilities from Delhi to Patna. Owing to her critical medical condition, the petitioner is facing considerable difficulty in taking care of her mother-in-law.

3/4 However, the petitioner was allotted Jehanabad district, which was not among her preferred choices for transfer. Thereafter, the petitioner submitted a representation via email to the Director, Primary Education, Education Department, Bihar, raising her grievance; however, no response has been received till date. The petitioner further submits that vacancies are available in schools within the Panchayats/Nagar Parishads/Nagar Nigams that she had opted for earlier through the e-Shikshakosh portal. Therefore, since a policy already exists to address such grievances, her 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 no.4 and the District Magistrate, Patna are directed to consider the request for transfer made by the petitioner and to post her against any available vacancy from the options given by her 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 her, within a

4/4 period of four 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