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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1251 of 2026

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Sunaina Kumari @ Sunayana Kumari Wife of Mukesh Kumar, Resident of

Village-Noorsarai, P.S.-Noorsarai, District-Nalanda, Bihar.

... ... Petitioner/s

Versus

1. The State of Bihar through the Additional Chief Secretary, Education

Department, Govt. of Bihar, Patna.

2. The Director, Primary Education, Government of Bihar, Patna.

3. The District Education Officer, Patna, Bihar.

4. The District Education Officer, Nalanda, Bihar.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Shashank Shekhar, Adv

Mr. Mukund Kumar, Adv

For the Respondent/s : Mr. Anirban Kundu SC-24

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

ORAL ORDER

2 29-01-2026 Heard learned counsel for the petitioner and learned

counsel for the respondent-State.

2. With the consent of both the parties, the present

writ application is being disposed of at this stage itself.

3. The petitioner in the present writ application is

prayed for the following reliefs:-

“That the present Writ Application is being filed

for issuance of Writ in the nature of Mandamus or any other

appropriate Writ, Order, direction, directing the respondent

authority/authorities to take appropriate action on

application filed by the petitioner to transfer her from

Nalanda District to Patna District and allot her any school

of Patna district amongst her choices given on E-

Shikshakosh Portal of Department of Education

Government of Bihar considering her and her husband

critical health condition and also considering the aspect that

choices given by the petitioner for his posting is still vacant.

Patna High Court CWJC No.1251 of 2026(2) dt.29-01-2026

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The Petitioner further prays for issuance of consequential

Writ in the nature of Mandamus commanding the

Respondent Authorities to take an immediate decision upon

application filed by the petitioner for her transfer on the

ground of her bad health condition at any of the school of

his opted options given on e- Shiksha Kosh portal.”

4. Learned counsel for the petitioner submits that

vide Annexure P-7, the petitioner has already been transferred

from Nalanda District to Patna but she has not been allotted any

school in Patna District. He therefore submits that for seeking

allotment of the school in the District of Patna, he may be

permitted to file a afresh representation before the District

Education Officer, Patna ( respondent no.3) within 15 days and

further prays that if such a representation is filed, the District

Education Officer, Patna may be directed to dispose of the same

within one month from the date of filing of representation, after

giving an opportunity of hearing to the petitioner.

5. The above submission made by the learned counsel

for the petitioner is not objected to by the learned counsel for

the respondent- State.

6. Considering the limited nature of prayer being

made by the learned counsel for the petitioner, the writ

application is disposed of granting liberty to the petitioner to file

a fresh representation before the District Education Officer,

Patna within 15 days from today and, if such representation is

Patna High Court CWJC No.1251 of 2026(2) dt.29-01-2026

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filed within the time stipulated, the District Education Officer,

Patna shall dispose of the same within a period of one month

from the date of receipt of the representation, after giving an

opportunity of hearing to the petitioner.

5. Needless to emphasis that the final order shall be

passed by the District Education Officer, Patna should be

reasoned and speaking order. It is further made clear that the

relief which will be claimed by the petitioner through the fresh

representation, if the petitioner is found entitled to the same, the

same should be given to the petitioner within 15 days from the

date of passing of the final order by the District Education

Offic