District Establishment Committee must consider teachers’ spousal-transfer claims under the 2026 Transfer Rules.

The petitioners, teachers, initially sought directions for consideration of their transfer requests within the Patna Sadar Urban Region, according to the options exercised by them on the e-Shikshakosh Portal, relying on State Government Resolution No. 1729 dated 7 October 2024, particularly Clauses 1(vi) and 1(vii).

On 18 March 2026, the District Education Officer, Patna, assured the Court that the petitioners’ transfer applications would be adjudicated in accordance with law. Instead, the petitioners were placed on deputation from their respective schools to K.B. Sahay High School, Sherullahpur, Sheikhpura, Patna, on the ground of teacher-student ratio, by Memo No. 4639 dated 30 March 2026.

During the pendency of the proceedings, the Bihar State Teachers Transfer Rules, 2026 came into force with effect from 25 June 2026, followed by Notification No. 747 dated 17 July 2026 prescribing the transfer-application calendar.

The petitioners’ husbands were serving in the Patna High Court, and the petitioners claimed that their transfer applications should be considered in light of the preference provided to spouses serving in government employment.

Whether the petitioners’ pending requests for transfer within the Patna Sadar Urban Region were required to be considered under the Bihar State Teachers Transfer Rules, 2026, including the provision granting preference to spouses employed in government service?

Whether the petitioners’ deputation to K.B. Sahay High School could continue without disturbance pending adjudication of their transfer claims?

The Court applied State Government Resolution No. 1729 dated 7 October 2024, under which the petitioners had sought consideration of their transfer options.

It primarily relied on the Bihar State Teachers Transfer Rules, 2026, which provide, particularly under Clause 3(x) and Rule 4, that where both spouses are employed in government service or one is a teacher, preference should be given to posting them in the same district or nearby places.

The Court also recognised the institutional framework under the 2026 Rules, including the District, Divisional and State Establishment Committees for considering different categories of teacher-transfer applications.

The Court held that the petitioners’ transfer claims had to be examined under the statutory transfer regime that had come into force during the pendency of the writ proceedings.

Since the petitioners’ husbands were serving in the Patna High Court, their cases fell within the spouse-preference provision of the 2026 Rules. The Court therefore considered that the petitioners’ claims for accommodation near their spouses, within the Patna Sadar Urban Region, required consideration by the competent Establishment Committee rather than being bypassed by placing them on deputation.

In view of the interim deputation arrangement and the pendency of the transfer decision, the Court directed that the cases be placed before the District Establishment Committee for a decision in accordance with the Rules.

Until such decision was taken, the petitioners were not to be disturbed from their deputation at K.B. Sahay High School, Sherullahpur, Sheikhpura, Patna.