A writ petition seeking quashing of an order directing a teacher to give willingness for transfer was dismissed as mis-conceived. The Court held transfer is not subject to judicial review absent malice or legal bar and the order was justified given the long service span. No one appeared.
The writ petition was dismissed as mis-conceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1370 of 2018
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Radhe Shyam Safi Son of Late Achhe Lal Safi, Resident of VillageGhonghour, P.S. Babu Barhi, District- Madhubani.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : None ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
5 02-01-2023
order dated 14.12.2017, whereby the petitioner was asked to give willingness within three days for transfer to another School. Transfer being an incident of service, is not a subject matter of judicial review, unless the same is effectuated by malice or is barred by law.
Patna High Court CWJC No.1370 of 2018(5) dt.02-01-2023 2/2
said to be illegal or unjustified.
dismissed.
(Sanjeev Prakash Sharma, J)
Pravinkumar/-
Item No. 54
U
2 issues framed by the court
Whether a transfer instruction to a government teacher constituting service is a subject matter of judicial review.
Whether the petitioner's appeal for quashing of the transfer order is maintainable.
Radhe Shyam Safi
The State Of Bihar
The Director, Education
The District Magistrate, Madhubani
The District Education Officer, Madhubani
The District Programme Officer, Establishment
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
