← Library
Patna High CourtCWJC/20659/2025disposed

Km. Bindu v. The State Of Bihar

2025-12-23Mr. Justice Alok Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20659 of 2025 ====================================================== KM. Bindu D/o Binod Kumar Parajapati, Resident of -Dharampur, Prathmik Vidyalay, Patti Dharampur Post- Gaudauri District- Pratapgrah, Uttar Pradesh, Presently posted as School teacher (BPSC) at Primary School Chaundi Harijan Tola, District - Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, new Secretariat, Patna.

3.

The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. 4.

The District Education Officer, Kishanganj.

5.

The District Programme Officer (Estab.), Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr. Government Pleader 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 23-12-2025 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 the present stage itself.

3. The petitioner in the present writ application has prayed for the grant of following reliefs:- i) For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the concern respondents for transfer of the petitioner in any school under the

2/4 district of Buxar which have been opted by the petitioner in view of resolution of the State Govt. contained in Memo No. 1729 dated 07.10.2024 bywhich there is provision of transfer taking into account of female teacher on the ground of distance but the claim of the petitioner has not considered as yet.

(ii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case.

4. Learned counsel for the petitioner submits that for seeking the reliefs as claimed for in the present writ application, the petitioner is prepared to file a detailed representation before the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna (Respondent No. 3) and further prays that if such a representation is filed, an appropriate direction be issued to the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna (Respondent No. 3) to dispose of the representation of the petitioner within a fixed time frame, after giving an opportunity of hearing to the petitioner taking into account the Resolution of the State Government (Annexure-2)

3/4 dated 07.10.2024 and the various applications filed by the petitioner giving options of transfer.

5. To this prayer being made by the learned counsel for the petitioner, learned counsel for the Respondent-State does not have any objection.

6. 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 Director, Primary Education, Govt. of Bihar, New Secretariat, Patna (Respondent No. 3) within a period of one month from the date of passing of this order and if such a representation is filed by the petitioner within the time stipulated, the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna (Respondent No. 3) is directed to dispose of the same within three months from the date of filing of the representation on merit after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna (Respondent No. 3) should be a reasoned and speaking order.

7. With the aforesaid observation, directions and liberty granted, this writ application is disposed of. Pending

4/4 Interlocutory Applications, if any, will stand disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U