Jugnu Kumari vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13261 of 2025
CNR No. BRHC010783032025
======================================================
Jugnu Kumari W/o Sri Satyam R/o Village and P.O.- Telghi, P.S.- Kharik
Bazar, District- Bhagalpur, at present Posted as Exclusive Teacher at
Government Girls Middle School Mathurapur, Block- Parbatta, District-
Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Director, Secondary Education, Education Department, Government of
Bihar.
3. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
4. The District Education Officer, Khagaria, District- Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate
Mr. Mukesh Kumar Singh, Advocate
Mr. Arinjay Kumar, Advocate
Mr. Shivam Kumar, Advocate
For the State : Mr. Binay Krishna, SC 27
Mr. Prasoon Shekhar, AC to SC 27
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 26-10-2026
Heard Mr. Mritunjay Kumar, learned Advocate for
the petitioner and Mr. Prasoon Shekhar, learned Advocate for
the State.
2. At the outset, learned Advocate for the petitioner
seeks permission to make the District Magistrate, Bhagalpur as
a party respondent no. 5.
3. Let the same be done in course of the day.

Patna High Court CWJC No.13261 of 2025 dt.26-10-2026
2/5
4. The petitioner is aggrieved by the letter no.
BHAG/Transfer/2025/00879 dated 20.06.2025 by which she has
been transferred from Government Middle School, Mathurapur,
Block - Parbatta, District - Khagaria to the Government Middle
School, Gamherpur Panchayat - Sinya, Block - Kahalgaon,
District - Bhagalpur, which in the humble submission of the
petitioner was not even option of the petitioner for
transfer/posting, and as such it cannot be said to be an optional
transfer by choice.
5. Challenge has also been made to a part of the
order contained in Memo No. 1732 dated 21.06.2025 issued by
the Director, Primary Education, whereby and where-under it
has been ordered that the teachers who will not join at the
transfer/posting place of the school, he/she shall not apply for
one year for his/her optional transfer.
6. Referring to the guideline dated 03.01.2025, the
copy of which is marked as Annexure P/9, learned Advocate for
the petitioner submitted that there was a clear stipulation that the
choice transfer of teachers on the ground of husband's/wife's
posting shall be completed in the second phase of transfer
posting, and only thereafter the choice transfer on the ground of
distance from present posting to choice posting of female
teachers shall be completed in third phase. Notwithstanding the

Patna High Court CWJC No.13261 of 2025 dt.26-10-2026
3/5
categorical direction in the guidelines stipulated herein above,
the petitioner has been posted contrary to her option and
transferred to a school, which is 50 kilometers from her choice
block of Bhagalpur district where the husband of the petitioner
is posted.
7. It is further contended that other teachers,
identically situated, who approached this Court in C.W.J.C. No.
13298 of 2025, in pursuant to the direction of this Court, their
cases were duly considered and they have been posted at their
choice options.
8. The order of this Court as well as the
consequential letters issued by the concerned authorities have
also been placed on record by filing a reply to the counter
affidavit.
9. Learned Advocate for the State, refuting the
aforesaid contention, submitted that the claim of the petitioner
for her choice posting on the ground of the posting of her
husband was duly considered through a computerized software
system developed at the State level. The process was designed
to be free from human interference so as to avoid any scope of
partiality or arbitrariness. Under the scheme, teachers were
invited to apply online and indicate their choice of districts for
transfer.

Patna High Court CWJC No.13261 of 2025 dt.26-10-2026
4/5
10. Upon proper consideration, the petitioner was
transferred and posted to Government Middle School,
Gamherpur Panchayat - Sinya, Block - Kahalgaon, District -
Bhagalpur.
11. It is further contended that transfer is an
incidence of service and that a government servant has no
vested right to remain posted at a particular place or at a place
of their personal choice. To support the aforesaid contention,
reliance has also been placed on the decision rendered by the
Apex Court in the case of Union of India v. S.L. Abbas, (1993)
4 SCC 357 .
12. While concluding the submission, learned
Advocate for the State also apprised this Court that now, after
coming into force of Bihar State Teachers Transfer Rules, 2026
(herein after referred to as “the Rules, 2026”), the District
Establishment Committee has been constituted, headed by the
District Magistrate, who is the competent authority for
considering the applications for transfer of teachers of primary
and middle school within the district, whereas a Divisional
Establishment Committee for consideration of inter-district
transfer within the division, and a State Establishment
Committee for intra-district transfer.
13. Having considered the submissions advanced

Patna High Court CWJC No.13261 of 2025 dt.26-10-2026
5/5
by learned Advocate for the respective parties and after going
through the Rules, 2026, which came into force with effect from
25.06.2026, this Court is of the opinion that now the case of the
petitioner is required to be considered in the light of the specific
prescriptions of the Rules, 2026, where there is a specific
provision with regard to preference to be given in favour of the
husband and wife, if they are in government service.
14. In view of the aforesaid facts and the position
of coming into force of the Rules, 2026, this Court deems it fit
and proper to direct the petitioner to file a fresh application
before the District Magistrate, who shall place the matter before
the District Establishment Committee, and thereupon to
consider the case of the petitioner afresh and take an appropriate
decision in the light of the prescriptions of the Rules, 2026,
preferably within a period of eight weeks from the date of
receipt/production of a copy of this order.
15. The writ petition is accordingly disposed off.

(Harish Kumar, J)
Siddharth Kr.
Shaw/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.10.2026
Transmission Date NA