IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.613 of 2009 MD.SHADAB HAYDER @ MD.SADDA HAYDER, S/o S. M. Nawab, resident of Mohalla- Bundelkhand, P.O. Nawada, P.S. Nawada, Dist.- Nawada …Respondent no.5/Appellant Versus 1. The State of Bihar. 2. The Director, Secondary Education, Govt. of Bihar, Budhdha Marg, Patna. 3. The Regional Deputy Director of Education, Magadh Division, Gaya. 4. The District Education Officer, Nawada …Respondents/ Respondents 5. Arvind Kumar S/o Late Mathura Prasad Yadav, resident of village- Pandir, P.O.- Chaubey, P.S. Shridala, Dist.- Nawada, presently posted at Clerk, Adarsh High School, Shridala, Nawada. …Petitioner/Respondent ----------- For the appellant : Mr. Rajendra Prasad Singh, Sr. Advocate with M/s Rajeev Kr. Singh, Onkar Kumar, Nawal Kishore Singh & Rakesh Kumar Singh, Advocates For the respondent no.5: Mr. Tej Bahadur Singh, Sr. Advocate ----------- 5/ 23.07.2009 Heard the parties. By order dated 25.1.2008, passed on the recommendation of the Divisional Establishment Committee, respondent no.5Arvind Kumar was transferred to Adarsh High School, Shridala, from High School, Dhanpur, Nawada. He joined there on 29.1.2008. The appellant was also transferred by order dated 25.1.2008 from Adarsh High School, Shridala, to High School, Hudrahi Runnipur (Nawada). The appellant had challenged his transfer by filing a representation before the Director, Secondary Education, Govt. of Bihar-respondent no.2, who allowed the representation and cancelled the order of transfer in respect of the appellant on 31.12.2008. Against the annulment of transfer of the appellant, respondent no.5 preferred writ - 2 - petition bearing CWJC No.1874 of 2009 which has been allowed by the writ court by the order under appeal dated 1.4.2009, mainly, on the grounds that the Director passed orders in favour of the appellant without giving opportunity of hearing to the writ petitioner-respondent no.5 and without taking care as to what will happen with regard to posting of writ petitioner. Primarily for that reason, the writ petition was allowed with a direction that it would be open for the authorities to make any arrangement in respect of appellant but the writ petitioner should not be disturbed on account of an order passed behind his back in favour of the appellant by the Director. The first grievance raised by the appellant before this court is that the writ court has passed an order which impliedly makes the order of the Director unworkable and unimplementabe when no opportunity of hearing was given to the appellant. It has next been contended that initial order transferring the appellant as well as respondent no.5 from different High Schools on the recommendation of the Divisional Establishment Committee is against the provision in the rules governing nationalized High Schools and is without jurisdiction. It has been submitted that under the latest rules, the Clerks in such schools can not be transferred except on request. On behalf of respondent no.5, it has been submitted that writ court was justified in not issuing any notice to the appellant once it came to the knowledge of the writ court that the order of the Director, which was detrimental to the writ petitioner, was passed behind his back and was, therefore, against the principles of natural - 3 - justice. After noticing the aforesaid relevant facts, this court is of the view that some appropriate authority must hear the grievance of the appellant as well as that of the writ petitioner with due regard to the provisions in the relevant rules as to whether they could be transferred in the manner as done by the authorities on the recommendation of the Divisional Establishment Committee. Any other points urged by the respective parties may also be considered by the concerned authority in accordance with law. In the peculiar facts and circumstances of the case and considering the issue of jurisdiction raised on behalf of the appellant, by consent of the parties, the matter is remitted to the Director, Secondary Education, Govt. of Bihar, Patna, to decide the matter of transfer and posting of the appellant as well as respondent no.5-writ petitioner within two months from the date of receipt/production of a copy of this order. Both the parties i.e. the appellant and the respondent no.5 are expected to appear before the Director, Secondary Education, Govt. of Bihar, Patna, with a copy of this order without any delay and preferably within four weeks. They will be informed by the Director of the next date on which they could be heard and thereafter the matter should be disposed of in accordance with law. We make it clear that we have not applied our mind to the merits of the controversy between the parties. Until further orders by the Director, Secondary - 4 - Education, Govt. of Bihar, Patna, parties shall maintain status quo. The appeal is disposed of. JA/- (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.)