IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9845 of 2009 MD.AZFAR HUSSAIN, SON OF LATE AKHTAR HUSSAIN, RESIDENT OF VILLAGE-CHAMPABARIRLI, P.S. DAGARUA, DISTRICT-PURNEA …… PETITIONER -With- CWJC No.9863 of 2009 ASHOK KUMAR, SON OF LATE KRISHNA CHAND GUPTA, RESEDENT OF MOHALLA-JANTA CHOWK, KAMLA BHARTIYA BHAWAN, P.S., K. HAT, DISTRICT-PURNEA ……………. PETITIONER. Versus 1. THE STATE OF BIHAR through the Principal, Secretary, Human Resource Development Department, Bihar, Patna. 2. The Principal Secretary, Human Resource Development Department, Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The Regional Deputy Director, Education, Purnea Division, Purnea. 5. The District Education Officer, Purnea. 6. The Sub-Divisional Education Officer, Purnea. 7. The Headmaster, Government Basis School, Sabadalpur, Purnea. 8. The District Education Officer, Kishanganj. 9. The District Education Officer, Katihar. 10. The District Education Officer, Araria. 11. The Director, Secondary Education, Bihar ……………… Respondents (in both cases) ----------- 2. 02.09.2009 Heard the counsel for the petitioners and the counsel appearing for the state. In these two writ applications, petitioners have prayed for quashing the order contained in Memo No. 599 dated 11.06.09 whereby Regional Deputy Director of Education, Purnea Division, Purnea has transferred the petitioners in violation of the guidelines for transfer of teachers from one basic school to another. Petitioners’ case is that there is no recommendation of the Establishment Committee since no meeting of the Establishment Committee was held on the date mentioned in - 2 - the transfer order. It has also been stated that the District Education Officer, Purnea has also sought for direction from respondent No. 4 regarding implementation of the impugned transfer order which has been issued in violation of guidelines for transfer from one basic school to another schools. Counsel for the state submits that the impugned transfer order contained in memo No. 599 dated 11.6.2009 issued by Regional Deputy Director, Education, Purnea Divison, Purnea has been recalled by order contained in memo No. 893 dated 21.08.2009, as such, petitioners are not going to be transferred to any place. They will remain in the same school where they are posted at present. Considering the fat that the impugned order has been recalled, these two writ applications are disposed of. Petitioners will remain at the same school where they are working. akv (Mridula Mishra, J.)