IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22311 of 2011 NIRMALA KUMARI W/O SHALIGRAM SINGH R/O MOHALLA KURRAIH (MAHABIR PLACE), WARD NO.5 ROAD NO. 13-A, P.S. SASARAM DISTRICT- ROHTAS ……….Petitioner Versus 1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL SECRECTARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR PATNA 3. THE DIRECTOR, PRIMARY TEACHERS HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, ROHTAS SASARAM. 5. DISTRICT EDUCATION OFFICER-CUM-CHAIRMAN, DISTRICT ESTABLISHMENT COMMITTEE PRIMARY TEACHER, ROHTAS, SASARAM 6. MANORMA DEVI W/O SURENDRA SINGH R/O MOHALLA KURAICH (MAHABIR PLACE) WARD NO.5, ROAD NO.15, CHANGE ROAD), P.S. SASARAM, DISTRICT- ROHTAS ………….Respondents ---------------------------------- 2. 16.12.2011 The present writ petition has been filed questioning the legality and validity of the order as contained in letter no. 1260 dated 04.06.2011 issued by the District Education Officer-cum-Chairman District Education Transfer Establishment Committee (hereinafter referred as D.E.O.) whereby and whereunder the D.E.O. transferred one Manorma Devi (Respondent No.6) as Assistant Teacher in Kisan Madhya Vidhayalaya Kuraich Sasaram. Learned counsel for the petitioner relies on Rule-5 of the Primary Teachers Transfer Rules-2006 as amended in 2009 to stake his claim for preferential posting of his choice over the claim of the respondent no.6 in particular. Learned counsel for the State appears and has been heard. In the opinion of this Court, this writ petition may be disposed of with liberty to the petitioner to file a fresh representation airing his grievances before the District Education Officer-cum-Chairman, District Establishment Committee Primary Teacher, Rohtas, Sasaram (Respondent No.-5) and if any representation is so filed, the same shall be disposed of by a speaking order after granting an opportunity of hearing to the parties in accordance with law, and in particular, keeping in view the said Rule-5 relied upon by the petitioner. It is made clear that the concerned authority will arrive at an independent decision in the matter without being influenced by the fact that the petitioner has approached this Court for relief. With the above observations, the writ petitioner stands disposed of. Fahad. ( Vikash Jain, J. )