Mohini Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19793 of 2025 ====================================================== 1.

Mohini Kumar Gupta Wife of Vinodanand Bharti, Resident of MohallaSurabhi Vihar Ward No. 30, P.S.- Beur, District- Patna. 2.

Sushma Kumari, Wife of Mukesh Kumar, Resident of C-5 Kendriya Vidyalaya Awasiya Parisar Kankarbagh, P.S.- Patrakar Nagar, DistrictPatna. 3.

Anamika Kumari, Wife of Shailesh Kumar Srivastava, Resident of F-3 Kendriya Vidyalaya awasiya Parisar Kankarbagh, P.S.- Patrakar Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

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

2.

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

The Regional Deputy Director Patna Division, Patna. 4.

The District Education Officer, Patna.

5.

The District Programme Officer (est), Patna.

6.

The District Magistrate, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Prasad, Adv.

For the State :

Mr.Ajay Behari Sinha, Sr. Adv., G.A. 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 15-06-2026 Heard learned counsel for the petitioners and learned counsel appearing for the respondent-State.

2. In the present writ application, the petitioner has prayed for the grant of following reliefs:

"(I) For direction the Respondents for transfer / posting to the petitioners in any govt school in urban area of Patna or any other school under Phulwari sharif Block, Danapur Block or Punpun Block because husband of the petitioners are posted in Kendriya Vidyalaya Kankarbagh,

Patna High Court CWJC No.19793 of 2025(4) dt.15-06-2026 2/3 Patna and residing in Avasiya Parisar of school The petitioners have been transferred from another district to Patna district on the basis of husband of the petitioners are posted in Patna but after transfer in Patna district petitioners have been posted which school are situated at about 40-50 kilometer far away from residence.

II. For any order/direction in favor of the petitioners in the interest of justice and ends of justice in the facts and circumstances of the case."

3. Learned counsel for the petitioners submits that for seeking the aforesaid reliefs, petitioner nos. 1, 2 and 3 have filed their representations vide Annexure-P/10, Annexure-P/11 and Annexure-P/12 respectively before the District Education Officer, Patna and the same continues to be pending. Learned counsel for the petitioners therefore submits that the petitioners would be satisfied if an appropriate direction be issued to the District Education Officer, Patna to dispose of the pending representations of the petitioners within a fixed time frame, after giving an opportunity of hearing to the petitioners.

4. To the aforesaid prayer being made by learned counsel for the petitioners, learned counsel appearing for the respondent-State does not have any objection.

5. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of directing the District Education Officer, Patna to

Patna High Court CWJC No.19793 of 2025(4) dt.15-06-2026 3/3 dispose of the pending representations of the petitioners, i.e., Annexure-P/10, Annexure-P/11 and Annexure-P/12 within three months from the date of passing of the order, after giving an opportunity of hearing to the petitioner.

6. Needless to emphasize that the final order which shall be passed by the District Education Officer, Patna should be a reasoned and speaking order. In case, the petitioners are found entitled to the relief, which the petitioners have claimed through the pending representations, the same shall be extended to the petitioners within a further period of 15 days from the date of passing of the final order by the District Education Officer, Patna.

7. With the aforesaid observation and direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kundan/- U