Petitioner's right to request a transfer for compassionate grounds acknowledged; authority directed to consider representation sympathetically.

2 16-12-2025 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. In the present writ application, the petitioner has prayed for the issuance of writ of mandamus for commanding the respondent authority to transfer the petitioner from NPS Koyalpur School Dulali, Kishanganj to Patna or some nearby place.

3. Learned counsel for the petitioner submits that the petitioner has been discharging her duty on the post of teacher without any break or adverse remark. He further submits that the petitioner has a newly born son aged about three and a half months who is under treatment since February 2025 and requires regular checkup under the guidance of doctor in Patna. On 06.09.2025, the petitioner had filed an application for Inter- District transfer which has been brought on record by way of Annexure-P/7. Subsequently, on 28.11.2025, the petitioner came to learn that a request is pending before the District Education Officer. However, because of not taking any decision on her request for Inter-District transfer, the petitioner was facing acute hardship as her son was not being able to receive proper treatment.

4. Learned counsel for the petitioner submits that for seeking the relief as claimed in the present writ application i.e., of Inter-District transfer, the petitioner is prepared to file a detailed representation along with supporting documents before the Director Primary Education and if such a representation is filed, an appropriate direction be issued to the Director Primary Education to consider the request of the petitioner sympathetically within one month from the date of filing of such a representation.

5. To the aforesaid submission made by learned counsel for the petitioner, learned counsel appearing for Respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a detailed representation before the Director Primary Education, Government of Bihar, Patna within fifteen days from today and if such a representation is filed, the same shall be disposed of within a period of one month thereafter, after giving an opportunity of hearing to the petitioner. It is expected that while considering the request of the petitioner, the Director Primary Education will accord sympathetic consideration to the fact that the petitioner's son requires regular treatment at Patna and, therefore, if possible the request being made by the petitioner be considered.

7. With the aforesaid observation, directions and liberty granted, the present writ application is disposed of. All pending Interlocutory Applications, if any, will be deemed to have been disposed of.

(Alok Kumar Sinha, J)