Patna High CourtCWJC/18846/2014dismissed

Manindra Kumar Sinha v. The State Of Bihar And ORS

2015-01-19Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18846 of 2014 ======================================================

1. Manindra Kumar Sinha son of Late Sarjug Prasad, resident of Village Kajichak, P.S. Sarmera, Post Office Ramnathpur, District- Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Nalanda

2. The Block Development Officer,Sarmera Block, Police Station Sarmera, District- Nalanda

3. The District Education Officer, Nalanda at Biharsharif

4. The Block Education Officer, Sarmera Block, Police Station Sarmera, District Nalanda

5. The Pramukh (President of Employment Unit, Sarmera), Police Station Sarmera, District- Nalanda

6. The Headmaster, Adarsh Sankool Middle School, Kajichak, Police Station Sarmera, District- Nalanda .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vidya Sagar For the Respondent/s : Mr. Ram Balak Mahto ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 19-01-2015 Heard the learned counsel for the petitioner and the

Patna High Court CWJC No.18846 of 2014 (4) dt.19-01-2015 2 / 2 counsel for the State.

The reasons indicated by the respondents for transfer of the petitioner are cogent and valid reasons, because after all the interest of the students in every school has to be taken into consideration with the short-fall of hands and till all vacancies are filled up, certain amount of adjustment will be required to be made of teachers available and the concentration thereof in a particular institution.

The Court is satisfied that the transfer order is not a case of malice or for extraneous consideration. The petitioner was ordered to be transferred out of compulsion and interest of good administration with the interest of the students of the transferred school.

The petitioner has also joined the said school now. Let him serve the said institution, but the same will not come in the way if exercise is done afresh on a changed situation with more availability of hands.

The writ application is dismissed.

B.Roy/- (Ajay Kumar Tripathi, J) U