Rajeev Kumar v. The State Of Bihar Through The Additional Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6275 of 2026 ====================================================== Rajeev Kumar S/o Shri Mahendra Prasad, Resident of Raj Niwas, Beside Shemford School, Udaini, New Jaganpura Road, New Bypass, P.S. - Gopalpur, District- Patna.

... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Education Department, Bihar, Patna. 3.

The Director, Primary Education, Education Department, Bihar, Patna. 4.

The District Magistrate, Patna.

5.

The District Education Officer, Patna.

6.

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

For the Petitioner/s :

Mr. Abhinay Raj, Advocate Mr. Alexander Ashok, Advocate For the Respondent/s :

Mr.Standing Counsel (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 28-04-2026 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 transfer the petitioner, who is a BPSC TRE-2 School Teacher, considering his application for transfer under the policy of the State Government, under Transfer Application No.TR24204200 and Grievance Application vide Grievance No.2508063396.

3. Learned counsel for the petitioner submits that the petitioner was appointed as Government Teacher, Subject-

Patna High Court CWJC No.6275 of 2026(2) dt.28-04-2026 2/3 Mathematics at SDDS High School, Athmalgola 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 and submitted an application bearing Application No. TR-24204200 dated 02.12.2024 on the ground of distance from his desired place of posting. It is further submitted that the petitioner's present place of posting is approximately 70 km away from his home. The petitioner has only his wife and mother living with him, both of whom are dependent on him and require his care. However, due to his posting at a distant place, he is unable to properly take care of them. Lastly, it is submitted that, till date, no action has been taken on the petitioner's application. Therefore, 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.6275 of 2026(2) dt.28-04-2026 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) sanjeev/- U