Patna High Court - Orders
Smt. Arpana vs The State Of Bihar & Ors on 22 July, 2014
Author: Birendra Prasad Verma
Bench: Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2237 of 2014
With
Interlocutory Application No. 2095 of 2014
And
Interlocutory Application No. 4370 of 2014
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1. Smt. Arpana wife of Dr. Ashok Kumar, at present posted as the Principal
Primary Teachers Education College at and P.S. Barh, District - Patna
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education
Department, Bihar, Patna
2. The Director (Administration) - Cum - Under Secretary, Education
Department, Bihar, Patna
3. The Director ( Primary Education ), Bihar, Patna
4. The Regional Deputy Director of Education, Patna Division, Patna
5. The District Education Officer, Patna
6. Smt. Manjula Mishra, at present posted as Principal, Primary Teachers
Education College, Masaurhi, Patna
.... .... Respondent/s
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Appearance :
For the Petitioner/s : M/s Dilip Kumar Tewari, Krishna Kant
Tiwari and Amit Kumar Anand, Advocates
For the Respondent
Nos. 1 to 5 : Mr. Lalan Kumar, AC to GP 23
For the Respondent No.6 : M/s.Gajendra Kuamr Jha and Sushil Kumar
Jha, Advocates
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
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9 22-07-2014Heard the parties.
The present writ petition has been filed on behalf of the petitioner assailing the validity and correctness of the Notification, contained in Memo No.52 dated 08.01.2014, (Annexure-2), issued under the signature of the Respondent Director (Administration)-cum-Additional Secretary, Department of Education, Government of Bihar, Patna, whereby the petitioner has been transferred from the post of the Principal, Primary Teachers Education College, Barh, in the District of Patna (hereinafter to be referred to as "the College in question") and has Patna High Court CWJC No.2237 of 2014 (9) dt.22-07-2014 2 been directed to give her joining at the Directorate of Primary Education, Patna. The petitioner has also assailed the validity and correctness of the Notification contained in Memo No. 53-54, Patna dated 08.01.2014 (Annexure-3), issued under the signature of the respondent no.2, whereby the respondent no.6 has been posted as the Principal of the College in question in view of the earlier notification/order of transfer dated 08.01.2014, as contained in Annexure-2 with respect to the writ petitioner, besides others.
This writ petition was earlier heard by a Bench of this Court on 10.02.2014. By the aforesaid order dated 10.02.2014, it was directed that till further order, the petitioner shall not be disturbed from the post which she was holding prior to issuance of the impugned Notification dated 08.01.2014 (Annexure-2).
The petitioner of this writ petition, in view of the order of stay passed by this Court on 10.02.2014, is still working as the Principal of the College in question In view of the order of stay passed on 10.02.2014, the respondent no.6 is not being allowed to discharge her duty as the Principal of the College in question. Therefore, she has filed I.A.No. 2095 of 2014 with a prayer to vacate the ex-parte order of stay dated 10.02.2014, passed by a Bench of this Court.
Indisputably after the impugned Notification dated 08.01.2014 (Annexure-2), a fresh Order dated 24.03.2014 (Annexure-10) has been issued under the signature of the Respondent no.2, whereby the present writ petitioner has been allowed to continue as the Principal of the College in question and the respondent no.6 has been allowed to function as Lecturer in that College.
Patna High Court CWJC No.2237 of 2014 (9) dt.22-07-2014 3It further appears that after the aforesaid Order dated 24.03.2014 (Annexure-10), a fresh Office Order dated 20th May, 2014 (Annexure-11) has been issued under the signature of the respondent no.3, whereby as many as 43 persons including the petitioner have been transferred from one place to another. So far as the present petitioner is concerned, she was again transferred from the post of Principal of the College in question and was posted as School Sub Inspector, Mahendru, Patna. As per learned counsel for the petitioner, the petitioner was not allowed to join at Mahendru, Patna and therefore, she is still continuing as the Principal of the College in question. Now, by another Office order dated 02.06.2014 (Annexure-13), issued under the signature of the respondent no.3, the order dated 20th May, 2014 (Annexure-
11) has been modified and the petitioner has been allowed to function as the Principal of the College in question till further order.
In view of the aforesaid developments, I.A.No. 4370 of 2014 has been filed on behalf of the petitioner seeking amendment in the writ petition and seeking permission of this Court to assail the validity and correctness of the aforesaid Office Order dated 02.06.2014, which has been brought on record as Annexure-13 to the aforesaid I.A.No. 4370 of 2014.
From the facts noticed above, it is apparent that the basic grievance raised on behalf of the writ petitioner regarding her transfer from the post of the Principal of the College in question to some other place, now, does not survive in view of the Office Order dated 02.06.2014 (Annexure-13) to the Interlocutory Application No. 4370 of 2014. Furthermore, now, so far as the respondent no.6 is concerned, she has not challenged the validity Patna High Court CWJC No.2237 of 2014 (9) dt.22-07-2014 4 and correctness of the aforesaid Office Order dated 02.06.2014 (Annexure-13). Indisputably, the respondent no.6 is working as Lecturer in the college in question in view of the Office Order dated 24.03.2014 (Annexure-10).
In the aforesaid facts and circumstances, this writ petition has become infructuous as the cause of action does not survive.
However, this does not end the controversy. It appears that there are serious dispute in the department regarding Principalship of the different Primary Teachers Education Colleges in the State of Bihar. The respondent- State of Bihar and its functionaries are required to take some policy decision for formulating the guidelines in the light of some earlier orders passed by this Court as also by the Hon'ble Apex Court for posting the competent persons as the Principals of different Teachers Training Education Colleges in the State of Bihar and other related matters.
It is expected that the respondent-State of Bihar and it functionaries shall formulate such clear cut guidelines/policy decision, so that the grievances raised either by the petitioner or by the respondent no.6 or similarly situate other persons against the reckless orders passed by the authorities transferring them from one place to another as per their whims does not arise in furture.
It is directed that in view of the Office Order dated 02.06.2014 (Annexure-13), the petitioner shall be allowed to function as the Principal of the College in question and the respondent no.6 shall be allowed to function as the Lecturer of the college in question till further order passed by the competent authority, as per the Rules/Policy decision/guidelines either Patna High Court CWJC No.2237 of 2014 (9) dt.22-07-2014 5 already in vogue or are formulated as directed above. . If the petitioner or the respondent no.6 has any other grievance, then they shall be at liberty to file an appropriate representation before the respondent-Principal Secretary, Department of Education, Govt. of Bihar, Patna, which shall be considered and decided, in accordance with law, after giving opportunity of hearing to all concerned.
With the aforesaid directions/orders, the present writ petition stands finally disposed of.
I.A.No. 2095 of 2014 and I.A.No. 4370 of 2014 also stand accordingly disposed of.
The interim order of stay passed on 10.02.2014 stands vacated.
(Birendra Prasad Verma, J) Tahir/-
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