Mrityunjay Mayank v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6875 of 2026 ====================================================== Mrityunjay Mayank Son of Shatrughan Choudhary Resident of Village- Bibhutipur, P.S.- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Human Resource Department, Bihar, Patna. 2.

The Principal Secretary, Human Resource Department, Bihar, Patna. 3.

The Deputy Director of Education, Regional, Samastipur. 4.

The District Education Officer, District- Samastipur. 5.

The District Programme Officer, District- Samastipur. 6.

The Block Education Officer, Mohanpur, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Prasad Roy For the Respondent/s :

Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant writ application has been filed for the following reliefs:- (i) For directing the respondent authorities to transfer the petitioner from Higher Middle School, Madhopur, Sarari to any Uchcha Madhyamik Vidyalaya under Bibhutipur Block as per choice in transfer application vide Annexure-P/3.

(ii) For commanding the respondent authority to take legal steps upon the previous transfer application submitted by the petitioner.

(iii) For any other relief(s) to

Patna High Court CWJC No.6875 of 2026(2) dt.05-05-2026 2/3 which the petitioner is found entitled in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the petitioner was appointed as School Teacher, in Uchcha Madhyamik Vidyalaya Madhopur, Sarari and has been discharging his 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, whereby teachers have been permitted to seek transfer on the basis of special circumstances. The petitioner applied for transfer in terms of the said policy through the e-Shikshakosh portal, on the ground that his widowed mother is suffering from chronic ailments and is under treatment by various doctors, and there is no one to look after her. It is further submitted that the petitioner's present place of posting is approximately 75 km away from his residence. It is contended that, till date, no action has been taken on the petitioner's application. Hence, since a policy already exists to address such grievances, the petitioner's 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

Patna High Court CWJC No.6875 of 2026(2) dt.05-05-2026 3/3 petitioner.

6. Considering the aforesaid facts and circumstances, the respondent nos.4 and 5 are directed to consider the request for transfer made by the petitioner and to post him against any available vacancy from the options given by him 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 him, 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