Nagendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22822 of 2019 ====================================================== Nagendra Prasad S/o Kanhai Prasad Resident of Road No. 5, Shastri Nagar West, P.o. and P.s.- Rampur, Distt.- Gaya at present Posted as Assistant Teacher, Panchu Bigha, (Town Block), P.s.- Chakand, Distt.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development, Department of Bihar, Patna 2.

The Director Primary Education, Bihar, Patna 3.

The Regional Deputy Director of Education Magadh Division, Gaya 4.

The District Education (Establishment) Committee through its Chairman, Gaya 5.

The District Magistrate Gaya 6.

The District Education Officer Gaya 7.

The District Programme Officer Gaya 8.

The Block Education Officer Town Block, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 05-02-2020 The petitioner seeks a direction from this Court to the concerned respondents for transferring him from Middle School, Panchu Bigha to Middle School, Bharat Seva Ashram in the district of Gaya.

There does not appear to be any reason to exercise its jurisdiction under Article 226 of the Constitution of India to pass such an order.

However the circumstances which have been pointed out by the petitioner viz. that he is on deputation in the school and because of his having protested against

Patna High Court CWJC No.22822 of 2019 dt.05-02-2020 2/2 the illegal action of education committee, he was assaulted by the local villagers and is not being permitted to teach, this Court deems it appropriate to direct that in case a suitable representation is made by the petitioner for his transfer from the school where he is serving on deputation to Middle School, Bharat Seva Ashram, Gaya before the District Education Officer, Gaya within a period of two weeks, the aforesaid representation shall be considered and a reasoned order shall be passed which shall be communicated to the petitioner.

This direction has been given to the petitioner on the basis of a disclosure made by the petitioner that his deputation period shall end by the end of February. With the aforesaid direction/observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.02.2020 Transmission Date