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Kanchan Kumari and Bandana Jha: Orders Transfer Under Spouse Preference Rules
The has directed the to consider the transfer applications of two teachers, Kanchan Kumari and Bandana Jha , in accordance with the , which provide preference for posting spouses in the same district. The directive came as Justice Harish Kumar disposed of the on .
Background of the Case
The petitioners, both primary teachers, sought transfer within the Patna Sadar Urban Region to be closer to their husbands, who are employees of the establishment. They initially invoked the state's earlier transfer policy (), which included provisions for spouse accommodation. Their grievances were lodged through the e-Shikshakosh Portal.
During a hearing on , the District Education Officer assured the court that a final decision would be made on their applications. However, instead of processing the transfers, the education department placed both teachers on at in Sheikhpura, Patna, citing the teacher-student ratio.
The New Legal Framework
While the matter was pending, the state government notified the , effective from . The rules introduced critical changes, particularly:
-
and
, which mandate that
"in case both the husband and wife have been working in a government service or teacher, preference should be given for their posting in the same district or places."
The state argued that all pending transfers must now be processed under these new rules, and the Petitioners' cases should be taken up accordingly.
Court's Analysis and Observations
Justice Harish Kumar acknowledged the in the 2026 Rules. The court noted:
"There is a specific provision with regard to the preference to be given in favor of the husband and wife, if they are in government service. The very claim of the petitioners are specifically in limited bound that their husbands have been discharging duty in the institution of the , therefore, their cases must be considered in the light of the specific prescriptions of the Rules, 2026."
The Bench also emphasized that while the (chaired by the District Magistrate) is now the to consider such , the petitioners' current status must remain unaffected until a final decision is made.
Final Direction
The High Court disposed of both petitions with the following orders:
- The respondents shall place the matter of the petitioners before the .
- The Committee shall take an appropriate decision, preferably within four weeks from the date of receipt/production of the court order.
- Until that decision , the petitioners, who have been placed on at , "shall not be disturbed."
The ruling underscores the court's readiness to enforce statutory provisions that promote family unity, especially where both spouses are in government service. It sets a precedent for teachers and other government employees seeking transfers under the new rules.
