Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19184 of 2025 ====================================================== Mukesh Kumar son of Sita Sharan singh resident of MohallaKamruddinganj, Bihar sharif, PS- Laheri, District- Nalanda ... ... 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 of Education, Patna Division, Patna 4.
The District Education Officer, Nalanda at Bihar Sharif 5.
The District Programme Officer (est) Nalanda at Bihar Sharif 6.
The District Magistrate, Nalanda at Bihar Sharif ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Prasad, Adv.
For the Respondent/s :
Mr.Government Pleader (19) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned counsel for the respondents-State.
2. With the consent of the parties the present writ application is disposed of at this stage.
3. In the present writ application the petitioner has prayed for the grant of following reliefs:
"I. For direction the Respondents for transfer and posting to the petitioner who is discharging duty of Headmaster from Middle school Panditpur Block- Rajgir DistrictNalanda to any other govt school under Bihar Sharif Block Nalanda as Headmaster or in Upgraded Middle school Bhaisasur Bihar Sharif, Nalanda in which school the petitioner has been
Patna High Court CWJC No.19184 of 2025(2) dt.27-11-2025 2/3 posted as deputation on the basis of safety of life by order Dated 29-07-2022 and since the petitioner has been discharging duty against sanction and vacant post.
II. For restraining the respondents vacating deputation of the petitioner from Upgraded Middle school Bhaisasur Bihar Sharif Nalanda till transfer and posting in another school because the petitioner is unable to discharge his duty in parent school due to physical and mental harassment.
III. For passing such order and direction in the interest of justice and ends of justice of the petitioner in the facts and circumstances of the case."
4. After advancing some argument, learned counsel for the petitioner submits that for claiming the aforesaid relief, the petitioner has already filed a representation dated 16.12.2024 (Annexure-P/8) before District Education Officer, Biharsharif, Nalanda, which continues to be pending. He submits that the petitioner would be satisfied if an appropriate direction could be issued by this Court directing the District Education Officer, Biharsharif, Nalanda to dispose of the pending representation, within a fixed time frame, after giving an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondents-State has no objection.
Patna High Court CWJC No.19184 of 2025(2) dt.27-11-2025 3/3
6. Considering the limited nature of prayer being made by learned counsel for the petitioner, the present writ application is disposed of directing the District Education Officer, Biharsharif, Nalanda to dispose of the pending representation of the petitioner dated 16.12.2024 (AnnexureP/8) within three months from the date of production of a copy of this order, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order that shall be passed by the District Education Officer, Biharsharif, Nalanda should be a reasoned and speaking order.
7. With the aforesaid observation and direction, the present writ application stands disposed of. Pending I.As, if any will be deemed to have been disposed of.
(Alok Kumar Sinha, J) Prakash Narayan U