Akhtari Begam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11387 of 2018 ====================================================== Akhtari Begam W/o Allaudin Miyan R/o village- Marahia, Police StationLauriya, District- West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

The District Magistrate, West Champaran, at Bettiah 4.

District Programme Officer Establishment ,West Champaran at Bettiah 5.

Block Development Officer, Bagha-1, District- West Champaran, at Bettiah 6.

The Block Education ExtensionOfficer, Bagha-1, District- West Champaran, at Bettiah 7.

District Education Officer , West Champara, at Bettiah 8.

Panchayat Sachiv, Gram Panchayat Raj Baswaria, Block Bagaha-1, DistrictWest Champaran 9.

Rohit Kumar, Panchayat Teacher, Government Primaru School, Bahuarwa, Padari, Bagaha-1, District- We ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Buxi S.R.P.Sinha, Sr. Advocate Mr.Zainul Abedin, Advocate For the Respondent/s :

Mr.Arbind Kumar Singh, AC to GP 20 For Resp. No. 9 :

Mr. Awadhesh Kumar Mishra,Advocate Mr. Ajay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents. The petitioner has challenged the order of transfer of respondent no. 9.

Learned senior counsel appearing on behalf of the petitioner would submit that in the matter of transfer and posting of respondent No. 9, the respondents have violated the Rules.

Patna High Court CWJC No.11387 of 2018(4) dt.02-07-2019 2/2 Learned senior counsel submits that transfer of respondent No. 9 is contrary to the Rules and regulations and contrary to teachers-students ratio and there was no need of posting of respondent No. 9. In this case the petitioner has not been transferred and as such he has no cause of action. It is for the authorities to take care of the student-teacher ratio and other allied issues and not for the petitioner to file writ petition. However, the petitioner shall be at liberty to raise the issue of student-teacher ratio and other allied issues before the appropriate authorities who shall take appropriate decision in the larger interest of students and school.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U