IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17807 of 2011 Kumar Anil Son of Sri Upendra Narayan Mandal, resident of Village Arajpur, P.S. Chousa District Madhepura--------------------------petitioner Versus 1. The State of Bihar through the Principal Secretary Welfare Department Govt. of Bihar, Patna 2. The Principal Secretary, Welfare Department, Govt. of Bihar, Patna 3. The Director , Welfare Department (Sc & St) Department Bihar, Patna 4. The District Welfare Officer, Purnea--------------------------respondents with CWJC No.18907 of 2011 Krishnachandra Thakur, son of Late Aklu Thakur, resident of Village Tarnout Parsa, P.S. Murliganj, District Madhepura.----------------petitioner Versus 1. The State of Bihar through the Principal Secretary, Welfare Department, Bihar, Patna. 2. The Principal Secretary, Welfare Department, Government of Bihar, Patna. 3. The Director (S.C. & S.T.) Welfare Department, Bihar, Patna. 4. The District Welfare Officer, Purnea.---------------------------respondents ----------- For the petitioners :Mr.Shailendra Kr.Singh, Advocate For the State :S.C.3 ----- 3. 08.11.2011 Heard learned counsel for the petitioners and learned counsels for the State in both the matters. Both the writ applications have been filed for quashing the order contained in Memo No. 695 dated 30.6.2011 issued by the Director, Welfare (SC & ST), Bihar, by which the petitioners have been transferred on the ground of administrative reasons from one SC & ST Residential High School to another such High School. The ground taken is that the cadre of the petitioners is the Divisional Cadre and at no point of time the cadre has been 2 changed to State Cadre and merely on the basis of the guidelines issued by Circular dated 2.7.2010 the petitioners cannot be transferred by the Director, Welfare Department from the headquarters. In support of the aforesaid proposition learned counsel relies upon a decision of this Court dated 5.5.2005 passed in C.W.J.C.No. 8008 of 2004 (Thakur Arun Kumar & Ors. vs. The State of Bihar & Ors.) and its analogous cases. Learned counsel also relies upon the order dated 14.9.2011 passed by this Court in C.W.J.C.No.13069 of 2011 (Shashi Bhushan Prasad Singh vs. The State of Bihar & Ors.) in which the same order dated 30.6.2011 has been quashed in the case of the petitioners of that case. In view of the aforesaid facts, the impugned order dated 30.6.2011 cannot stand and it is, accordingly, quashed in so far as it concerns the petitioners of both the cases. The writ applications are, thus, allowed in the aforesaid terms. (Ramesh Kumar Datta,J.) Spal/