Sandhya Kumari, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9657 of 2026 ====================================================== Sandhya Kumari, Wife of Pramod Kumar, R/o Chanakya City Flat No.103, Block-B, Danapur, District- Patna, Bihar.
... ... Petitioner/s
Versus
1.
The State of Bihar Through Additional Chief Secretary, Educational Department, Bihar, Patna.
2.
The Director, Primary Education, Bihar, Patna. 3.
The Regional Deputy Director Deptt. of Education, Patna. 4.
The District Magistrate, Patna.
5.
The District Education Officer, Patna.
6.
The District Programme Officer (Establishment), Patna. 7.
The District Establishment Committee, through its chairman, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Rahi, Adv.
For the Respondent/s :
Mr. Vivek Prasad, GP7 Mr. Sanjay Kumar, AC to GP7 Ms. Roona, AC to GP7 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 09-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2. The instant writ application has been filed for the following reliefs:- "1. i) To direct the respondent authorities to take final decision on the transfer application/complain for transfer of the petitioner on the option given as mentioned in the application of the petitioner, who is BPSC TRE-2 (Class 11th & 12th) Computer Science Teacher and has applied for transfer
2/5 under Application No.TR-24253958 dated 01.12.2024. Further, the disposal of Grievance No.2509012207 dated 01.09.2025 as the grievance application has been shown to be resolved on the e-shiksha portal, however, action taken description mentions that the file has been sent to the District Establishment Committee for disposal.
ii) Also for direction upon the District Establishment Committee where the petitioner's application is pending for disposal and no positive action has been taken on the petitioner's application/grievance which has been raised in light of the government policy and its transfer regulation.
iii) For direction upon the respondents authorities to consider the representation in light of list of opted school where there is vacancy available and petitioner can be posted (para-21 & 22 of this writ petition).
iv) For any other relief/reliefs which is deemed fit and proper in the facts and circumstances of the present case.
3. Learned counsel for the petitioner submits that the petitioner was appointed as School Teacher, in Uchcha Madhyamik Vidyalaya, Jhitkaiya, Motihari (East Champaran) and was discharging her duties to the satisfaction of the
3/5 authorities.
4. It is next submitted that in the meantime, 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 whereof Clause-1(vii) indicates that the female teacher can opt for her choice posting on the basis of her husband's place of posting. The petitioner applied for transfer in terms of the said policy through the eShikshakosh portal, on the basis of Clause-1(vii) of the aforesaid policy decision dated 07.10.2024 and Clause V(6) of letter no. 2048 dated 22.11.2024, stating that her husband, who is employed as an Assistant Engineer in SBPDCL and is currently posted in the Electric Supply Division, Kankarbagh, Patna, Bihar.
She has also mentioned that she is the mother of two children and the youngest daughter is of 2.5 years of age and there is no other person in the family to look after the children. Counsel for the petitioner further submits that though the respondent authorities have taken a decision to transfer the petitioner in the district of Patna but, she has been posted in Mokama Block which is 130 kilometer from her residence at Danapur.
4/5 complaint no. 2506201990 on 20.06.2025 on e-Shiksha-Kosh, stating therein that she has been transferred to Barahpur Panchayat under Mokama Block which is 130 kilometer from house and requested to provide the school/posting in any Panchayat nearby her residence. When no action was taken, the petitioner again filed a complaint dated 01.09.2025 on eshiksha-kosh, which was shown to be fully resolved by the respondent authorities but, in the column of Action Taken Description, it has been mentioned that the file has been sent to the District Establishment Committee for disposal on 01.09.2025 itself. It is lastly submitted that since a policy already exists to address such grievances, the petitioner's case ought to be considered in accordance with the said policy.
5. At this stage, counsel for the petitioner, by referring to the statement made in Para 21 and 22 of the writ application wherein the details of the schools have been given, submits that the petitioner proposes to file such details through representation along with a copy of this order before the District Education Officer, Patna (Respondent No.5) within a period of two weeks from today with all other supportive materials which she proposes to get the same adjudicated in course of making deliberation over the grievances as raised by the petitioner.
5/5
6. On the other hand, learned counsel for the State has no objection with regard to the submissions made by the petitioner.
7. If the petitioner files a fresh representation along with a copy of this Court with all other supportive materials before the District Education Officer, Patna (respondent no.5) within a period of two weeks from today, the District Education Officer, Patna shall adjudicate the grievances of the petitioner in the light of the policy decision taken by the State authorities as contained in Memo No. 1729 dated 07.10.2024 as well as order dated 03.01.2025 within a period of eight weeks from the date of filing of the representation.
8. With the aforesaid observations and directions, the writ application stands disposed of.
(Ajit Kumar, J) rishi/- U