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Patna High Court

Ravi Shankar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application was disposed with liberty to the petitioner to file a representation and a direction to the District Education Officer to decide it within three months, without granting mandamus for transfer.

Summary

The petitioner, a teacher, filed a writ application seeking a mandamus directing his transfer from Middle School, Hasanganj, Munger to another school in the district due to threats to his life. He also sought directions for any other reliefs he may be entitled to. The petitioner agreed to first file a detailed representation before the District Education Officer (DEO), Munger, and requested the court to set a time‑frame for disposal of that representation. The respondent State raised no objection to this limited prayer. The court, noting the narrow scope of the request, granted the petitioner liberty to file the representation within one month and directed the DEO to dispose of it within three months, after hearing the petitioner, and to issue a reasoned order. All pending interlocutory applications were deemed disposed, and the writ application was closed.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus directing his transfer to another school on grounds of life threat
  • Whether the court can direct the District Education Officer to dispose of the petitioner's representation within a specified time

Subjects

  • Writ of Mandamus
  • Transfer of teacher
  • Life threat
  • Administrative law
  • Education
  • District Education Officer
  • Procedural direction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.240 of 2026
                 ======================================================
                 Ravi Shankar Prasad Son of Ganga Prasad Sahni Resident of Village-
                 Basudeopur, near Chandika Sthan, P.S.- Munger.

                                                                      ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Human Resources
                 Department, Government of Bihar.
           2.    The Director, Primary School Education, Government of Bihar, Patna.
           3.    The Collector, Munger.
           4.    The District Education Officer, Munger.
           5.    The District Program Office, (East). Edu).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Nawal Kishore Singh, Adv
                 For the Respondent/s   :        Mr.Government Pleader (05)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   12-01-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the respondent-State.

                               2. With the consent of both the parties, this writ

                   application is being disposed of at this stage itself.

                               3. In the present writ application, the petitioner has

                   prayed for the grant of following reliefs:

                                                      “(i) For issuance of writ in the
                                            nature of Mandamus by directing the
                                            respondent authority concern to transfer the
                                            petitioner from Middle School, Hasanganj,
                                            Munger to any other Middle School within
                                            the District Munger, at his post due to life
                                            under threat.
Patna High Court CWJC No.240 of 2026(2) dt.12-01-2026
                                            2/3




                                               (ii)     For   issuance   of   writ(s),
                                  order(s), and Direction(s) for which the
                                  petitioner is entitled to get relief(s) by this
                                  Hon’ble Court.


                      4. After advancing some argument, learned counsel

          for the petitioner submits that for the reliefs claimed for in the

          present writ application, the petitioner is prepared to file a

          detailed representation before the District Education Officer,

          Munger and further prays that an appropriate direction be issued

          to the District Education Officer, Munger to dispose of the

          representation filed by the petitioner within a fixed time frame,

          after giving an opportunity of hearing to the petitioner.

                      5. To the aforesaid prayer being made by learned

          counsel for the petitioner, learned counsel appearing for

          respondent-State does not have any objection.

                      6. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          is disposed of granting liberty to the petitioner to file a detailed

          representation before the District Education Officer, Munger

          within one month from today and if such a representation is

          filed within the stipulated time then the District Education

          Officer, Munger is directed to dispose of the same within a

          further period of three months from the date of filing of the
          Patna High Court CWJC No.240 of 2026(2) dt.12-01-2026
                                                      3/3




                    representation, after giving an opportunity of hearing to the

                    petitioner. Needless to emphasize that the final order which shall

                    be passed by the District Education Officer, Munger should be a

                    reasoned and speaking order.

                                7. With the aforesaid observation/direction and liberty

                    granted, this writ application is disposed of. All pending

                    interlocutory application(s), if any, shall also be deemed to have

                    been disposed of.



                                            (Alok Kumar Sinha, J)
kiran/-

U


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