Mohan Prasad Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5416 of 2026 ====================================================== Kajal Kumari d/o Rajkuamr Sah @ Rajkumar Gupta, resident of J.C.I Gali, Ward No.10, P.S.-Supaul, Block and District- Supaul. ... ... 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, Supaul.

5.

The Regional Deputy Director of Education, Koshi Division. 6.

The District Education Officer, Supaul.

7.

The District Programme Officer, (Establishment), Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alexander Ashok For the Respondent/s :

Standing Counsel (18) ====================================================== 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 issue an order of transfer within Supaul Nagar Parishad in respect of the petitioner, who is a BPSC GT (1-5) General Teacher, pursuant to her application dated 11.12.2024.

3. 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

Patna High Court CWJC No.5416 of 2026(2) dt.18-04-2026 2/3 transfers have been permitted on the basis of special circumstances. Applications were invited through the eShikshakosh portal of the Department. The petitioner, accordingly, submitted her application for transfer bearing Application No. TR-24113971 dated 11.12.2024, stating therein that her father is a cancer patient and is undergoing treatment at Tata Memorial Centre, Mumbai. The petitioner also submitted an application before the District Education Officer, Supaul, seeking transfer; however, no action was taken.

4. It is further submitted that in the year 2025, the Department issued a directive to raise grievances through the eShikshakosh portal for allotment of district, transfer to choice posting, as well as mutual transfer. In pursuance thereof, the petitioner raised her grievance on several occasions, seeking transfer and school allotment, but no action has been taken. It is her case that a policy already exists to address such grievances and her case ought to be considered accordingly.

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, Respondent Nos. 2, 3 and 6 are directed to consider the request

Patna High Court CWJC No.5416 of 2026(2) dt.18-04-2026 3/3 for transfer made by the petitioner and to post her against any available vacancy from the options given by her on the eShikshakosh 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 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/- U