Patna HC Directs District Establishment Committee to Decide Teachers' Transfer Pleas Within Four Weeks Under Bihar's 2026 Transfer Rules
Two government school teachers posted on deputation during pending transfer proceedings secured a Patna High Court order directing their cases to the District Establishment Committee under the Bihar State Teachers Transfer Rules, 2026.
Justice Harish Kumar, sitting singly at the Patna High Court, disposed of two writ petitions filed by government school teachers seeking transfer within the Patna Sadar Urban Region on 10 August 2026. Both petitioners had approached the court after their transfer applications, filed through the online e-Shikshakosh Portal under a State Government resolution of October 2024, remained undecided. The court found that the newly enacted Bihar State Teachers Transfer Rules, 2026 contain an explicit spousal preference clause squarely applicable to both petitioners — whose husbands serve institutions of the Patna High Court — and directed the District Establishment Committee to take a decision on their cases within four weeks. Pending that decision, the court protected the petitioners from further disturbance of their current deputation posting.
Transfer Applications Pending Since 2024 Resolution
Kanchan Kumari and Bandana Jha, both government school teachers, had sought transfers within the Patna Sadar Urban Region by exercising options on the e-Shikshakosh Portal. Their applications were grounded in Resolution No. 1729 dated 7 October 2024, specifically Clauses 1(vi) and 1(vii) of that resolution. When the administration did not act on the applications, both petitioners raised grievances through the portal and eventually filed separate writ petitions before the High Court.
The two petitions were clubbed and heard together given the identical nature of the relief sought.
Assurance Given to Court on 18 March 2026 — Then Reversed
When the writ petitions came up on 18 March 2026, the District Education Officer, Patna, appeared personally before the court and gave an assurance that the transfer applications placed on the e-Shikshakosh Portal would be adjudicated by following the procedures prescribed in law. The court accepted that assurance and directed the matter to be listed on the next appointed date.
What followed directly contradicted that commitment. Instead of deciding the applications, the administration issued memo number 4639 dated 30 March 2026, placing both petitioners on deputation from their respective schools to K B Sahay High School, Sherullahpur, Sheikhpura, Patna. The stated reason for the deputation was the teacher-students ratio at that school. The transfer applications — which the District Education Officer had assured the court would be adjudicated — remained untouched.
Bihar State Teachers Transfer Rules, 2026 and the Spousal Preference Clause
While the transfer question was still pending, the State notified the Bihar State Teachers Transfer Rules, 2026, with effect from 25 June 2026. A calendar for transfer applications was published through notification number 747 dated 17 July 2026.
The Rules, 2026 set out a layered committee structure for transfer decisions. A District Establishment Committee, headed by the District Magistrate, handles transfers of primary and middle school teachers within the district. A Divisional Establishment Committee handles inter-district transfers within the division, and a State Establishment Committee handles intra-district transfers at the state level.
Critically, Clause 3, Sub-Clause (x) of the Rules, 2026 — read with Rule 4 — provides that where both husband and wife are in government service or are government teachers, preference should be given for posting them in the same district or at nearby places. The State's counsel, referring to these Rules, submitted that the petitioners' transfer cases would now be considered in accordance with the Rules, 2026.
The court accepted that position but gave it teeth. Justice Harish Kumar recorded that the petitioners' claim was specifically limited to their husbands discharging duties at institutions of the Patna High Court, making the spousal preference clause directly applicable to their situations. Their cases had to be considered in light of that clause, and the appropriate body to do so was the District Establishment Committee.
Deputation Cannot Displace a Pending Transfer Claim
The court did not allow the deputation order to operate as a reason to defer or dismiss the transfer claims. The deputation to K B Sahay High School had been made while the court's earlier order — directing a lawful adjudication of the transfer applications — was in force. Placing teachers on deputation on grounds of teacher-student ratio, without addressing pending transfer applications, did not constitute the adjudication the District Education Officer had promised.
Justice Harish Kumar directed that until the District Establishment Committee takes a decision on the petitioners' transfer applications, the petitioners “shall not be disturbed” in their current deputation posting. This protection ensures that a fresh administrative action cannot displace the petitioners before their pending claims receive a proper hearing.
Order
The court directed the concerned respondents to place the matters of both petitioners before the District Establishment Committee. The Committee was directed to examine the cases and take an appropriate decision, preferably within four weeks from the date of receipt or production of a copy of the order. Until the Committee acts, the petitioners on deputation at K B Sahay High School, Sherullahpur, Sheikhpura, Patna are to remain undisturbed. Both writ petitions stand disposed.