Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18465 of 2025 ====================================================== Pankaj Kumar Singh Son of Ram Lochan Singh, Resident of Mohalla Maurya Vihar, Road No-03, Near Khagaul Lakh, P.S.- Khagaul, District - Patna, Bihar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.
2.
The Director, Primary Education, Government of Bihar, Patna. 3.
The District Education Officer, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Adv For the Respondent/s :
Mr. Standing Counsel (08) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned counsel for the respondent-State.
2. With the consent of both the parties, this writ application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has prayed for the grant of following reliefs:
(i) For issuance of Writ in the nature of Certiorari or any other appropriate Writ, Order, direction, quashing the order contain in Memo No. P/7 PATN/Transfer/2025/00549 dated 19.06.2025 (Annexure -P/7) by which the respondent no. 3 has transferred the
2/4 petitioner from UCHCHA MADHYAMIK VIDYALAYA TAARTAR (U Dias code10282200605) to UCCHA MADHYAMIK VIDYALAYA RAMNAGAR DIARA (U Dias code-10282000107) which is far away from the petitioner present place of posting by completely overlooking the fact that the choices given by the petitioner for his posting is still vacant. The Petitioner further prays for issuance of consequential Writ in the nature of Mandamus commanding the Respondent Authorities to take an immediate decision upon application filed by the petitioner for his transfer on the ground of his bad health condition at any of the school of his opted ten panchayats given on eShiksha Kosh portal.
4. Learned counsel for the petitioner submits that in similar circumstance, a co-ordinate Bench of this Court has passed an order dated 02.09.2025 in CWJC No. 10718 of 2025. The petitioner, therefore, submits that similar relief be granted to the petitioner. During course of argument, learned counsel for the petitioner further submits that the petitioner is prepared to file a detailed representation before the respondent no. 3 i.e. the District Education Officer, Patna, Bihar within one month from today and if such a representation is filed within the stipulated time then the District Education Officer, Patna, Bihar may be
3/4 directed to dispose of the representation filed by the petitioner on merit within a fixed time frame, after giving an opportunity of hearing to the petitioner.
4. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondent-State does not have any objection.
5. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a detailed representation before the District Education Officer, Patna, Bihar within one month from today and in the said representation, the petitioner can take all the grounds including that he should be granted relief in terms of order dated 02.09.2025 passed in CWJC No. 10718 of 2025. If such a representation is filed within the stipulated time then the District Education Officer, Patna, Bihar is directed to dispose of the same on merit within a period of three months from the date of receipt of the representation, after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order.
6. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending
4/4 interlocutory application(s), if any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J) kiran/- U