Petitioner challenged transfer order due to distance rejection of transfer option dispute with colleague court found transfer within same district lawful dismissed petition.
The writ petition is accordingly dismissed as no interference is warranted.
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.17818 of 2022
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Chinchin Kumari wife of Rajeev Kumar Resident of Ward No. 11, Pustakalay Gauspur, Village- Rajaura, Police Station- Cheria Bariarpur, DistrictBegusarai- 851131.
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Suman Kumar, Adv. For the Zila Parishad : Mr. Nitesh Kumar, Adv. For the State : Mr. Hitesh Suman, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
the transfer order dated 23.11.2022, whereby she has been
Patna High Court CWJC No.17818 of 2022(2) dt.04-01-2023 2/4
transferred from the Upgraded Middle School, Babhangama to Upgraded Middle School, Guddar Block- Gadhpura in the same District of Begusarai.
“16. Transfer -The posts of Head Master, Teacher and Instructor generally are not transferrable. However for Head Master and teacher following exceptions, may apply: (i) During the service period Head master and Teacher may avail two
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3/4
optional transfer after completing three years of service within the schools situated under the recruitment unit. There shall be difference of five years in between the two optional transfer. The transfer shall be made in his/her grade/cadre only. If more than one application is received for one vacant post, then the member secretary of the recruitment unit shall take steps for transfer on the basis of inter- se seniority in which handicapped Head Master, Teacher and female Head Master, Teacher shall be given priority respectively. The approval of this action shall be given by the committee constituted for the purpose of appointment. 20 (ii) The Administrative Department may direct the recruitment unit to absorb teachers in other school in compliance of the Right of Children to Free and Compulsory Education Act, 2009 (as amended) and provisions contained in corresponding notified rules. The member secretary shall comply the direction within fixed time frame after getting the approval of the Chairman, of the recruitment unit. (iii) In the case of proved financial irregularities, moral turpitude or other serious charges, the member secretary of the recruitment unit shall transfer head master/teacher, for one time, on administrative ground in the interest of school and students. The approval of this action shall be given-by the chairman of the Committee constituted for the purpose of appointment. (iv) Handicapped Teacher and Woman Teacher may avail optional transfer for one time only at schools situated in inter recruitment unit, including inter district. Besides, male teachers may also avail mutual inter recruitment unit (including inter district) transfer for one time only. I~ this regard, the Administrative Department will issue detailed guideline keeping in mind the reservation category, seniority etc.”
Patna High Court CWJC No.17818 of 2022(2) dt.04-01-2023 4/4
transfer to various schools in Begusarai itself. From the record which has been place along with the writ petition, it appears that there is a dispute between the two teachers working in the same School namely Amit Kumar and present petitioner. The concerned administrative authority, therefore, transferred both of them from the said School to other places in Begusarai itself. The distance of only 40 K.M. cannot be said to be too far for being treated as a case of disturbance. That apart as per the petitioner's own option, she has opted for School in Begusarai alone as it is apparent from her Form, Annexure-4. The particular Schoola which she has mentions may not be necessary the concerned Schools where she has been transferred, but being in the same District it cannot be said that any illegality has been committed.
(Sanjeev Prakash Sharma, J)
Pravinkumar/-
Item No. 21
U
2 issues framed by the court
Whether the transfer order of a female teacher within the same district after the rejection of her option for a specific school justifies a writ of quo warranto.
Whether the distance of transfer of 40 K.M. constitutes unlawful disturbance of service.
2 provisions across 2 enactments
Chinchin Kumari
State of Bihar
The Director Secondary Education, Education Department, Government of Bihar
Regional Deputy Director of Education, Munger Division
District Magistrate, Begusarai
District Education Officer, Begusarai
SANJEEV PRAKASH SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
