IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.868 of 2009 YOGENDRA PRASAD YADAV son of late Ram Dahin Prasad, resident of Nadaul, P.S.-Masaurhi, Distt.-Patna ------------Appellant. Versus 1. THE STATE OF BIHAR 2. Director of Higher Secondary, Education, Govt. of Bihar, Patna 3. Regional Deputy Director of Education, Patna. 4. The Principal, B.N.Collegiate School, Patna. 5. District Education Officer, Patna------------------------------Respondents. ----------- For the appellant : Mr. Bishnu Kant Dubey, Advocate Mr. Panchu Ram, Advocate ------------- 7. 16.12.2010 Heard the parties. The present Letters Patent Appeal arises out of an order dated 3.6.2009 passed in C.W.J.C. no.6817 of 2009. The appellant-writ petitioner by filing a writ petition had challenged the transfer order dated 17.2.2009 bearing Memo no.132 Patna (Annexure-6 to the writ petition) whereby appellant has been transferred from B.N. Collegiate School, Patna to High School Naraulia, Patna. Learned counsel for the appellant has argued before us that as per rules the post which the appellant is holding is a non- transferable post. However, learned counsel for the appellant has brought to the notice of this Court an order and perusal of which goes to show that transfer which has been made is mutual in nature. It is also stated that the appellant has joined at the new place. Under the above circumstances, We find no illegality or infirmity in the order of the learned single Judge. However, we makes it clear that the appellant is entitled to file a 2 representation before the concerned authority in terms of Rule-3 of the BIHAR RAJKIYAKRIP MADHYAMIC VIDYALAYA SEVA SHART (SANSODHAN NIYAMABALI) 2006 within a period of four weeks from the date of receipt of a copy of this order and if such a representation is filed, Respondent-authority shall dispose of the same in accordance with the Rules. With the aforesaid observation/direction this Letters Patent Appeal is disposed of. Sudip ( T. Meena Kumari, J.) ( Kishore K. Mandal, J. )