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Patna High CourtL.P.A/1472/2012dismissed

Smt. Kavita Sinha v. The Union Of India And ORS

2017-10-03The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1472 of 2012 In Civil Writ Jurisdiction Case No.13421 of 2012 ====================================================== Smt. Kavita Sinha, W/o Prof. Vinay Kumar, R/o 4M/136, Bahadurpur Housing Colony, P.S.- Agamkuan, Patna-800026 ... ... Appellant/s

Versus

1.

The Union of India represented through Secretary, Ministry of Human Resource Department, Govt. of India, New Delhi 2.

The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheedjeet Singh Marg, New Delhi - 110016 3.

The Assistant Commissioner, Kendriya Vidyalaya Sanghatan (GOVT. of India) Ministry of HRD, Department of Education, Regional Office, Kankarbagh, P.O.- Lohianagar, Patna-800020 4.

The Principal, Kendriya Vidyalaya No.-1, Kankarbagh, Patna-800020 ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 03-10-2017 Seeking exception to an order dated 03.08.2012 passed by the learned Writ Court in C.W.J.C. No. 13421 of 2012, this appeal has been filed under Clause 10 of the Letters Patent.

Challenge in the writ petition was made to an order passed more than 5 years back on 18.06.2012 transferring the appellant, a teacher, from Kendriya Vidyalaya, Kankarbagh, Patna to Muzaffarpur.

The learned Writ Court finding no mala fide or

Patna High Court LPA No.1472 of 2012 dt.03-10-2017 2/2 statutory violation made and the transfer contrary to transfer guidelines scheme beyond the purview of judicial review in view of various judgments of the Supreme Court referred to in the order refused to interfere into the matter. We find no error in the order passed by the learned Writ Court warranting reconsideration.

The Letters Patent Appeal is dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 07.10.2017 Transmission Date