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Patna High CourtCWJC/17436/2019allowed

Sant Prabhat v. The State Of Bihar

2019-08-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17436 of 2019 ====================================================== Sant Prabhat Son of Jagdish Singh resident of Village- Derwan, P.S. Kudra, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

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

2.

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

The District Magistrate, District- Kaimur at Bhabua. 4.

The District Education Officer, Kaimur at Bhabua. 5.

The Programme Officer (Establishment), Office of District Education Officer, Kaimur at Bhabua.

6.

The Prakhand Shikshak Niyojan Ekai, through its Chairman, Kudra, District- Kaimur.

7.

The Prakhand Pramukh-cum- Chairman, Prakhand Shikshak Niyojan Ekai, Kudra, District- Kaimur.

8.

The Block Development Officer-cum- Secretary, Prakhand Shikshak Niyojan Ekai, Kudra, District- Kaimur.

9.

The Block Education Officer, Kudra, District- Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate For the Respondent/s :

Mr. Madhaw Prasad Yadaw, GP23 Ms. Meena Singh, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-08-2019 Heard the parties.

The grievance of the petitioner in the present writ petition is transfer of the petitioner from Middle School, Derwan to Middle School, Meura.

Learned counsel for the petitioner would submit that the transfer is only permissible on request of the teacher or in order to maintain teacher student ratio under the scheme of Sarv

Patna High Court CWJC No.17436 of 2019(2) dt.27-08-2019 2/2 Siksha Abhiyan. There is no other eventuality which permits transfer including on administrative ground.

Considering the aforesaid order of transfer which is annexed as Annexure 5 of this application is quashed. The respondents are directed to reinstate the petitioner forthwith in the school, where he was working from the date of his transfer forthwith.

The writ petition is allowed to the aforesaid extent. (Anil Kumar Upadhyay, J) S.Katyayan/- U