Patna High CourtCWJC/8826/2026disposed

Shubham Kumari v. The State Of Bihar

2026-07-08Mr. Justice Alok Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8826 of 2026 ====================================================== Shubham Kumari Wife of Shri Mukesh Kumar Keshri, by Occupation Music Teacher (Exclusive Teacher, GT 9-10), presently posted at Ramruchi Balika Inter Vidyalaya, School Code- 10350900107, Panchayati Akhara, Nai Godam, P.S. Kotwali, Gaya-Nagar Nigam, Gaya, Bihar - Mobile- 7739660187, Permanent Address- Naya Tola, Gurudwara Gali, Old Gurudwara, P.O. Bankipur, Patna, Bihar-800004.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary / Secretary, Department of Education, Government of Bihar, Vikash Bhawan, Patna - 800015. 2.

The Director of Education (Secondary) Bihar, Patna 800015. 3.

The District Education Officer, Gaya, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishal Saurabh, Adv For the Respondent/s :

Mr. Standing Counsel (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned counsel for the respondent-State.

2. With the consent of the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

"(i) for issuance of writ or writs in the nature of mandamus commanding/ directing the official respondents to transfer the petitioner from Gaya to Patna district, specially in Patna Sadar as the Petitioner, Smt. Shubham Kumari, is a lady teacher

2/4 working as an Exclusive Music Teacher (Class Category GT 9-10) under the Department of Education, Government of Bihar. She has been continuously working and posted at Ramruchi Balika Inter Vidyalaya, School Code: 10350900107, situated at Panchayati Akhara, Nai Godam, P.S. Kotwali, District Gaya since the year 2016 and due to personal reason petitioner applied for transfer of her posting from Gaya to Patna and filed her Transfer Application Form on Special Ground downloaded from the e-Shikshakosh portal, Department of Education, Government of Bihar."

4. Learned counsel for the petitioner submits that the petitioner was facing difficulty being posted at Gaya and therefore, she had submitted a transfer application on 08.12.2024 (Annexure P/1) by which the petitioner had prayed for being transfer from her posting at Gaya to Patna. He further submits that since 08.12.2024, the transfer application has been kept pending and no decision was taken on the same. Being aggrieved, the petitioner filed this writ application.

5. Learned counsel for the petitioner further submits that during the pendency of the writ application, without taking any decision on the transfer application made by the petitioner

3/4 on 08.12.2024, the respondent-authorities sent the petitioner on deputation from Ramruchi Balika Inter Vidyalaya, Gaya to Dr. Bhimrao Ambedkar Residential School, Village Mahkar, Khinzarasarai, Gaya vide Memo No. 1321 dated 27.05.2026, which has been challenged by the petitioner by filing I.A. No. 01 of 2026. Learned counsel further submits that being aggrieved by the deputation order dated 27.05.2026, the petitioner filed several representations before the District Magistrate, Gaya, the latest one being Annexure P-7/1 dated 13.06.2026 and the same was forwarded to the District Education Officer, Gaya who has till date not taken any decision on the representation. Learned counsel for the petitioner, therefore, submits that the petitioner would be satisfied if an appropriate direction be issued to the District Education Officer, Gaya to dispose of the pending representation of the petitioner dated 13.06.2026 (Annexure P-7/1) within a fixed time frame, after giving an opportunity of hearing to the petitioner.

6. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for the respondent-State does not have any objection.

7. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application

4/4 is disposed of directing the District Education Officer, Gaya to take a final decision on the pending representation of the petitioner dated 13.06.2026 (Annexure P-7/1) within six weeks from the date of receipt/production of a copy of this order by the petitioner, after giving an opportunity of hearing to the petitioner. While disposing of the representation, the District Education Officer, Gaya shall also take into account that the petitioner's request for transfer from Gaya to Patna made vide transfer application dated 08.12.2024 is still pending consideration.

8. It is made clear that in case, the petitioner is found entitled to the relief which the petitioner has claimed through the representation, the same should be extended to the petitioner within a period of fifteen days after the lapse of six weeks.

9. With the aforesaid observation/direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kiran/- U