Smt. Kanti Kumari, v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.414 of 2020 ====================================================== Smt. Kanti Kumari, W/o Sr. Daniel Kumar, resident of Bahadurpur Housing Colony, Bhutnath Road, P.S. Agamkuam, District - Patna. ... ... Petitioner/s

Versus

1.

State of Bihar through the Secretary, Human Resources Development Department, Government of Bihar, Patna.

2.

Director (Primary Education), Human Resources Development, Government of Bihar, Patna.

3.

District Education Officer Patna District, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.K.M.Joseph, Advocate For the Respondent/s :

Mr.Madhaw Prasad Yadaw (GP-23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and the State.

The petitioner has earlier approached this Court in CWJC No. 12953 of 2019 which was disposed of on 01.07.2019, Annexure-7 to the writ petition. The representation of the petitioner was rejected on 04.09.2019, Annexure-9 to the writ petition.

From the perusal of Annexure-9 it appears that the District Education Officer, Patna has rejected the claim of the petition simply on the ground that the rule provides for preferential treatment to female and physically handicapped and reason for request transfer does not fall within the parameters of

Patna High Court CWJC No.414 of 2020(2) dt.14-02-2020 2/3 the rule. Fallacy in the decision contained in Annexure-9 is apparent as the petitioner is lady and as such the petitioner deserves preferential treatment as per Annexure-9 which itself is indicative of non-application of mind by the respondents. In addition thereto Rule 5 of the Rules modified vide notification dated 21.03.2018 does not distinguish the case of different category of teacher in the matter of transfer on request. The only rider is four years period. Rule 5 is quoted below for ready reference.

Patna High Court CWJC No.414 of 2020(2) dt.14-02-2020 3/3 Considering the aforesaid, Court finds that the decision as contained in Annexure-9 suffers from vice of total non application of mind. The order dated 04.09.2019, as contained in Annexure-9 is, accordingly quashed. Respondents are directed to take fresh decision and pass appropriate order in accordance with Rule 5 of the notification dated 21.03.2018, as quoted hereinabove, within a maximum period of 60 days from the date of receipt/production of a copy of this order. With the aforesaid, the writ petition stands disposed of.

spandey/- (Anil Kumar Upadhyay, J) U