Patna High Court
Md. Sadre AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the petitioner to file a detailed representation before the Director of Secondary Education and disposed of the writ application with that direction.
Summary
The petitioner, Md. Sadre Alam, a teacher at Project Kanya Inter School, Nawada, sought a writ directing the State of Bihar and education officials to transfer him to a school in Khutauna Block, Madhubani, where his wife is posted. He relied on departmental memoranda (Memo No.2035, 2036 and Memo No.1084) that outline transfer procedures for teachers and argued that his case falls within those parameters. The respondents, representing the State, did not oppose the transfer but requested that the petitioner first file a detailed representation before the Director of Secondary Education. The Court considered that the proper administrative remedy was to allow the petitioner to present his case in detail before the concerned authority. Accordingly, the Court ordered the petitioner to submit a comprehensive representation within four weeks, after which the Director must decide and communicate the order within six weeks. The writ application was therefore disposed of with these directions.
Issues considered
- Whether the petitioner is entitled to a transfer under the departmental orders governing teacher transfers.
- Whether a writ of mandamus is appropriate or the matter should be resolved through a detailed representation before the Director of Secondary Education.
Subjects
- transfer of government employee
- writ of mandamus
- departmental orders
- education department
- service conditions
- representation
Judgment
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
2 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
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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
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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
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