Bibi Danishwar Fatma Khanam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4949 of 2015 ===========================================================

1. Bibi Danishwar Fatma Khanam, daughter of Late Md.Sharif Alam, presently posted as Headmaster, Urdu Middle School Salimpur (Boys), Block and Police Station-Jagdishpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Education, Government of Bihar, Patna.

3. The Regional Deputy Director, Department of Education, Bhagalpur Commissionary, Bhagalpur.

4. The Deputy Development Commissioner, Bhagalpur.

5. The District Education Officer, Bhagalpur.

6. The District Programme Officer (Establishment) Department of Education, Bhagalpur.

7. The Block Education Officer, Jagdishpur, District- Bhagalpur.

8. The Block Education Officer, Sahkund, District- Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda For the Respondent/s : Mr. RAM BALAK MAHTO, AG =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 10-04-2015 A K Tripathi, J.

It is the case of the petitioner that it was under special circumstance which led to Establishment taking a decision for her transfer from the place of her positing as a Headmaster, which was Middle School, Salimpur (Boys), Jagdishpur, Bhagalpur.

2. The Principal Secretary, Education Department, Government of Bihar, annulled all those transfers on the ground that such decision has been taken after the month of June and therefore, it violates the guidelines for such transfer.

3. Since the transfer of the petitioner, according to her, is under special circumstance, let the petitioner file an application before the Principal Secretary, Education Department, Government of Bihar, with certain materials,

Patna High Court CWJC No.4949 of 2015 dt.10-04-2015 2 / 2 who will reconsider the matter afresh within a period of six weeks of filing of such an application with a copy of this order.

4. Till a decision is taken by the Principal Secretary, let the petitioner remain where she is posted today, if she has not been relieved already from the place of posting.

5. With the above direction, writ application stands disposed of. (Ajay Kumar Tripathi, J) R.K.Pathak/- U