Patna High Court
Md. Firoz AbbasiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court directed the Director of SCERT to consider the petitioner’s representation and issue a reasoned order, thereby disposing the writ petition.
Summary
The petitioner, Md. Firoz Abbasi, filed a writ petition challenging Memo No. 1701 dated 09.05.2025 issued by the State Council of Education and Research and Training (SCERT), Bihar, which transferred him from Kishanganj to Aurangabad without stating any reason, alleging arbitrariness and violation of natural justice. He submitted a representation (Annexure‑P/11) to the Director of SCERT and relied on a report of the Collector. The High Court examined the petition and, without entertaining the merits of the transfer order, directed the Director of SCERT to consider the petitioner’s representation along with the District Magistrate’s letter (Annexure‑P/10) and to pass a reasoned speaking order within 90 days. The Court emphasized the need for a reasoned decision when an administrative transfer is made. Consequently, the writ petition was disposed after the direction was issued.
Issues considered
- Whether Memo No. 1701 dated 09.05.2025 effecting the transfer of the petitioner is arbitrary, unreasonable and violative of principles of natural justice.
- Whether the petitioner is entitled to quash the transfer order and obtain a reasoned order from SCERT.
Subjects
- transfer
- education service
- writ petition
- arbitrary transfer
- natural justice
- SCERT
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3378 of 2026
======================================================
Md. Firoz Abbasi S/o- Md. Abbas Ali, R/o- Dehti, Ward No. 7, District-
Araria
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Education Dept.,
Govt. of Bihar Patna.
2. The Principal Secretary, Education Department, Govt. of Bihar Patna.
3. The Principal Secretary, Education Department, Govt. of Bihar Patna.
4. The Addl. Secretary, Education Department, Govt. of Bihar Patna.
5. The Director, State Council of Education and Research and Training
(SCERT), Mahendru, Patna.
6. The Joint Director (Admn.), State Council of Education and Research and
Training (SCERT), Mahendru, Patna.
7. The District Magistrate, Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddhartha Prasad, Advocate
For the State : Mr. Navnit Kumar (AC to GP-18)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for issuance
of appropriate writ(s)/order(s)/direction(s) for the following
relief/s:-
“I. For quashing the Memo No. 1701 dated
09.05.2025 issued by the State Council of
Education and Research and Training
(SCERT), Bihar, Patna, whereby and
whereunder the petitioner has been
Patna High Court CWJC No.3378 of 2026(2) dt.16-03-2026
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deputed/transferred from Kishanganj to
Aurangabad involving a distance of
approximately 500 kilometres, without
assigning any reason, the same being
arbitrary, unreasonable and bad in law.
II. Pass such other order(s), direction(s) for
which petitioner is entitled in the facts and
circumstances of the instant case.”
3. At the time of argument, learned counsel for the
petitioner submits that he has complied the said Memo No. 1701
dated 09.05.2025 issued by the State Council of Education and
Research and Training (SCERT), Bihar, Patna. But, on the other
hand, he submits that the petitioner has filed representation
which is annexed as Annexure-P/11 before the Director, State
Council of Education and Research and Training (SCERT),
Mahendru, Patna. Counsel relied on the report of the Collector.
4. In this background, this Court hereby directs the
Director, State Council of Education and Research and Training
(SCERT), Mahendru, Patna (Respondent no.5) to consider the
representation of the petitioner (Annexure-P/11) as well as look
into the Letter No. 3255 dated 17.09.2025 (Annexure-P/10)
issued by the District Magistrate cum Collector, Kishanganj and
then pass a reasoned and speaking order, within 90 days from
the date of production of a copy of this order.
Patna High Court CWJC No.3378 of 2026(2) dt.16-03-2026
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5. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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