Deepesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6916 of 2026 ====================================================== Deepesh Kumar Son of Late Shiv Chandra Roy Resident of VillageDashhara, Mohiuddinagar, P.S.- Patori, District- Samastipur. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Higher Secondary, Education Department, Bihar, Patna.

3.

The Regional Deputy Director, Bihar, Samastipur. 4.

The District Education Officer, District- Samastipur. 5.

The District Programme Officer, District- Samastipur. 6.

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

For the Petitioner/s :

Mr.Shambhu Sharan Kumar For the Respondent/s :

Mr. Yatindra Narayan, AC to GP-16 ====================================================== 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 Utkramit Uchchatar Madhyamik School, Belsandi, Anchal- Kalyanpur, District- Samatipur to desire place under Anchal- Mohiuddin Nagar, Samastipur considering the distance of the school from the house of the petitioner as per choice of desired place serial no.1 to 10, mentioned at para-8

Patna High Court CWJC No.6916 of 2026(2) dt.05-05-2026 2/3 vide Annexure-4 to the writ application.

(ii) For commanding the respondent authority to take legal steps upon the transfer application submitted by the petitioner before respondent no.4.

(iii) For any other relief(s) to 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 Upgraded Higher Secondary School, Belsandi 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, aged about 55 years, has been suffering from chronic ailments since the year 2021 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 80 km away from his residence. It is contended that, till date, no action has been taken on the

Patna High Court CWJC No.6916 of 2026(2) dt.05-05-2026 3/3 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 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