Rajneesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13227 of 2025 ====================================================== Rajneesh Kumar Son of Shrikant Sinha, Resident of Village- G.B. Road, Near Dr. Shital Prasad Sinha, Piparpati New Godown, Gaya, At present posted and working as Headmaster in Kanya Middle School, Belaganj, Block- Belaganj, P.S.- Belaganj, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Primary Education, Bihar, Patna. 3.

The Regional Deputy Director of Education, Magadh Division, Gaya. 4.

The District Magistrate, Gaya.

5.

The District Education Officer-cum-the Chairman, District Elementary Teachers Promotion and Transfer Committee, Gaya. 6.

The District Education Officer, Gaya.

7.

The District Programme Officer (Establishment)-cum-the Chairman, District Elementary Teachers Promotion and Transfer Committee, Gaya. 8.

The District Programme Officer (Establishment), Gaya. 9.

The Block Education Officer, Block- Belaganj, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv.

For the Respondent/s :

Mr. Kumar Manish, SC-05 Mr. Prashant Kumar, AC to SC-05 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-08-2025 Heard the parties.

2. The petitioner has approached this Court seeking a direction upon the respondent authorities to consider his case for transfer in terms with Rule 3 read with Rule 5 (kha) of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion) Rules, 2018.

3. Learned Advocate for the petitioner contended that

Patna High Court CWJC No.13227 of 2025(2) dt.21-08-2025 2/3 in pursuant to the aforenoted rules, the petitioner has represented before the District Programme Officer (Establishment), Gaya along with the duly filled up performa for his optional transfer, but till date, nothing has been done, compelling him to approach this Court. It is further contended that similarly situated persons being aggrieved with the inaction of the respondent in not considering their claim for transfer have approached this Court; one of such order has been placed on record as Annexure-P/3 to the writ petition. The aforesaid writ petition came to be disposed off with a direction to the concerned respondent to consider the representation and disposed off the same by a reasoned order, in accordance with the rules prescribed for the said purpose.

4. Learned Advocate for the State submitted that the petitioner had already approached before the competent authority, who shall look into the matter and pass appropriate order.

5. Having considered the submissions set-forth by learned Advocate for the respective parties, the present writ petition stands disposed off, with a direction to the District Programme Officer (Establishment), Gaya to consider the representation of the petitioner, the copy of which is marked as

Patna High Court CWJC No.13227 of 2025(2) dt.21-08-2025 3/3 Annexure-P/2 to the writ petition, in terms with the relevant prescriptions of Bihar Nationalized Elementary Teacher Transfer (Disciplinary Action and Promotion) Rules, 2018, in accordance with law, preferably within a period of twelve weeks, from the date of receipt/production of a copy of this order. (Harish Kumar, J) shivank/- U