Md. Sadre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21008 of 2025 ====================================================== Md. Sadre Alam son of Md. Mojibur Rahman, Resident of Village-Kamalpur, P.S.-Laukaha, District-Madhubani.

... ... Petitioner/s

Versus

1.

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

2.

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

The Deputy Director, Secondary Education, Govt. of Bihar, Patna. 4.

The District Magistrate, Nawada.

5.

The Regional Deputy Director, Gayaji Division, Gayaji. 6.

The District Education Officer, Nawada.

7.

The District Programme Officer (Establishment), Nawada. 8.

The Executive Officer-Cum-Member Secretary, Secondary Teacher Employment Committee, Nagar Parisad, Nawada.

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

For the Petitioner/s :

Mr. Jay Prakash Singh For the Respondent/s :

Mr. Standing Counsel (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The instant writ application has been filed seeking a direction to the respondent authorities to transfer the petitioner from Project Kanya Inter School, Nawada, to Block Khutauna or any nearby Block of Madhubani District, as the petitioner's wife has already been posted at Kutauna Block in the District of Madhubani in Uttkramit Middle School (U.M.S.), Madhvapur, Khutauna. The petitioner also seeks issuance of a writ in the

Patna High Court CWJC No.21008 of 2025(2) dt.06-01-2026 2/3 nature of mandamus, directing the respondent authorities to consider the representation dated 30.08.2025 filed by him, and/or for issuance of any appropriate writ, order, or direction to which he may be found legally entitled in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that, in terms of the departmental order contained in Memo No.2035 dated 21.11.2024, and as amended in Memo No.2036 dated 21.11.2024, which addresses the services conditions of teachers for the purpose of transfer, various orders have been passed by the department addressing the grievances of similarly situated persons. One such order, passed by the Department of Education, is appended to the writ application as Annexure-P/9, contained in Memo No.1084 dated 16.04.2025, and on the strength of such orders, the petitioner submits that his case may also be directed to be considered on similar terms, as his case squarely falls within the parameters prescribed in the departmental orders mentioned above.

4. On the other hand, learned counsel for the State has no objection, if the petitioner is directed to file a detailed representation before Respondent No.2, the Director of Secondary Education, Government of Bihar, for consideration

Patna High Court CWJC No.21008 of 2025(2) dt.06-01-2026 3/3 of his grievance on merits.

5. In view of the foregoing discussions, the petitioner is directed to file a detailed representation within a period of four weeks, before Respondent No.2, annexing all relevant documents, including the orders covering issues of transfer. Upon submission of such representation, it is expected that Respondent No.2 shall consider the petitioner's case and pass an appropriate order within six weeks from the date of receipt of the representation. The necessary orders so passed shall also be communicated to the petitioner within the same period.

6. Accordingly, the instant writ application stands disposed of with the aforesaid observation and direction. (Ajit Kumar, J) shikha/- U