Patna High CourtCWJC/7011/2017dismissed

Majrun Nesa v. The State Of Bihar And ORS

2017-09-07Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7011 of 2017 ======================================================

1. Majrun Nesa, W/o Md. Hassim, resident of Village- Sidhwalia, P.S.- Mohammadpur, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, New Secretariat, Patna.

2. The District Education Officer, Gopalganj-cum-Chairman, District Education Establishment Committee, Gopalganj.

3. The District Programme Officer (Establishment), Gopalganj.

4. The Block Education Officer, Singhwalia, District- Gopalganj.

5. Masoom Akhtar, son of name not known, The Assistant Teacher, Middle School Jaitpur, Rudrapur, Block- Bhore, District- Gopalganj. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjiv Kumar For the State : Mr. Vivek Anand Amritesh, A.C. to S.C.-28 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks to challenge an order dated 14.07.2014 contained in Memo No. 2035/Gopalganj, by which one Masoom Akhtar, Assistant Teacher, Middle School, Jaitpur, Rudrapur, Block-Bhore has been transferred to Primary School, Maqtab Muhammadpur, Singhwalia by the District Programme Officer (Establishment), Gopalganj. It appears that the petitioner is the Head Mistress of the concerned School and for some reason she has come to this Court challenging an order of transfer passed in the year 2014.

In the considered opinion of this Court, the Head Mistress has no locus to challenge the transfer order as he does not seek to disturb her. If at all, she has any grievance or is being disturbed at present, her remedy lies in seeking relief against the said order by which she has been disturbed.

Patna High Court CWJC No.7011 of 2017 (2) dt.07-09-2017 P2/2 However, in the present case, she has no locus to challenge the transfer order.

The writ application is thus misconceived and is dismissed with liberty to the petitioner to challenge any order passed against her in accordance with law.

(Anjana Mishra, J) Saif/- U