Babita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7851 of 2026 ====================================================== Babita Kumari Wife of Kumar Ardhendu, Resident of Jagdishpur Ko, P.S.- Tariyani Chowk, District - Sheohar ... ... Petitioner/s

Versus

1.

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

2.

The Director Secondary Education, Government of Bihar, Patna. 3.

Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Niharika Rani Mr. Sanjay Sinha For the Respondent/s :

Additional Advocate General (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-06-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The instant writ application has been filed for issuing a direction upon the respondent authorities to consider the transfer of the petitioner to the place of her permanent address i.e. Block- Tariyani, District- Sheohar.

3. Learned counsel for the petitioner submits that the petitioner is a Class-IV employee presently posted at Zila School, Muzaffarpur. It is submitted that the petitioner is suffering from various ailments, including diabetes, hypertension and asthma. In view of her medical condition and for the convenience of residing with her family members,

Patna High Court CWJC No.7851 of 2026(2) dt.16-06-2026 2/3 including her husband, at her permanent place of residence, she has submitted representations before the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, as well as other competent authorities on several occasions seeking her transfer. It is further submitted that the petitioner's claim is also well within the terms of the Government Circular contained in Memo No. 4651 dated 25.04.1984, which prescribes consideration of transfer requests on medical and other grounds.

4. Learned counsel appearing for the State submits that instructions have been received in the matter and a counter affidavit is proposed to be filed. He further submits that, as per the instructions received, the grievance of the petitioner can appropriately be considered by the competent authority if she submits a fresh representation before the Regional Deputy Director of Education, Muzaffarpur.

5. Having regard to the submissions advanced on behalf of the parties, this Court deems it appropriate to direct the petitioner to file a fresh representation before the Regional Deputy Director of Education, Muzaffarpur, along with a copy of this order and all supporting documents, within a period of four weeks from today. Upon receipt of such representation, the Regional Deputy Director of Education, Muzaffarpur, shall

Patna High Court CWJC No.7851 of 2026(2) dt.16-06-2026 3/3 consider and dispose of the same in accordance with law and the applicable policy/circulars, by passing a reasoned order within a period of six weeks thereafter. The decision so taken shall also be duly communicated to the petitioner forthwith.

6. With the aforesaid observations and directions, the instant writ application stands disposed of.

(Ajit Kumar, J) shikha/- U