The High Court dismissed the writ petition seeking transfer of charge as Principal of a college, holding that an alternative statutory remedy exists under the Bihar State School Teacher Rules, 2020. The Court directed the petitioner to approach the District Appellate Authority and ruled the writ application disposed of.
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.8081 of 2024
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Surendra Prasad Nirala Son of late Khakhu Ray, Resident of Mohalla South Dhaman, P.S.- Samastipur Patori District Samastipur posted as Principal, K.S.S. College, Mohadinagar, Samastipur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Rahul Kumar Mishra, Advocate For the Respondent/s : Mr. Standing Counsel (16) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
respondent/s to hand over the charge of the Principal of KSS College Samastipur to the petitioner and also to take appropriate action against the respondent No. 7.
Patna High Court CWJC No.8081 of 2024(2) dt.26-11-2024 2/3
of the State raises preliminary objection to the effect that an alternative Statutory remedy is available to the petitioner to move before the District Appellate Authority by way of filing appropriate application under Section 13 of Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020 (hereinafter referred as “Rules, 2020”), which deals with the power and functions of the District Appellate Authority.
Patna High Court CWJC No.8081 of 2024(2) dt.26-11-2024 3/3
limitation arises before the District Appellate Authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.
(Prabhat Kumar Singh, J)
Koushik/-
U
1 issue framed by the court
Whether the petitioner is barred from approaching this Court under Article 226 due to the availability of an alternative statutory remedy before the District Appellate Authority?
2 provisions across 2 enactments
Surendra Prasad Nirala
The State of Bihar
The Secretary, Bihar School Examination Board
The Director (Education), Bihar School Examination Board
The District Magistrate, Samastipur
The District Education Officer, Samastipur
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
