IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8094 of 2010 1. SANJU KUMARI W/O MUKUL KUMAR R/O VILL.- JAGDISHPUR BHAGWANPUR, P.S.- SAKARA, DISTT.- MUZAFFARPUR, PRESENTLY POSTED AS PRAKHAND TEACHER, RAJKIYA MIDDLE SCHOOL SHIVDASPUR, BLOCK- KATRA, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, MUZAFFARPUR, DISTT.- MUZAFFARPUR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, DISTT.- MUZAFFARPUR 6. THE BLOCK DEVELOPMENT OFFICER, SAKARA BLOCK, SAKARA, DISTT.- MUZAFFARPUR 7. THE BLOCK DEVELOPMENT OFFICER, KATRA, BLOCK KATRA, DISTT.- MUZAFFARPUR 8. THE BLOCK EDUCATION EXTENSION OFFICER, SAKARA, DISTT.- MUZAFFARPUR 9. THE BLOCK EDUCATION EXTENSION OFFICER, KATRA, DISTT.- MUZAFFARPUR null null 10. THE HEAD MISTRESS, RAJKIYA MIDDLE SCHOOL SHIVDASPUR, BLOCK- KATRA, DISTT.- MUZAFFARPUR ----------- For the Petitioner : M/s. S.B.K.Mangalam & Shashi Bhushan Singh For the State : S.C.4 2 5.8.2010 Petitioner is a lady. She was selected as Shiksha Mitra and then absorbed as permanent Block Teacher. She got married and in course of time she gave birth to a child but due to certain complication both have been sick and required lot of care which is missing where she is posted because she is alone. Her parental home is allegedly about 40 Kms. from the place of posting and being a lady it is not possible for her to come every day in village area from such a distance .She therefore has come to this Court with a prayer for a direction to the - 2 - respondent- State to transfer her from Katra Block in the district of Muzaffarpur to Sakra Block of Muzaffarpur. Learned counsel for the State points out that so far as Panchayat Primary Teachers are concerned, in terms of rule 13 of the Bihar Panchayat Primary Teacher (Selection and Service of Condition)Rules, 2006 provides that Panchayat Primary Teacher cannot be transferred but it provides that block teacher in their service tenure can be transferred after three years and at most twice. Petitioner has already completed three years but as she is selected as teacher for a particular block it cannot be possible to transfer her to another block. Mr.S.B.K.Manglam learned counsel for the petitioner submits that the provision being silent in regard to this contingency, authority must provide for the same specially considering the plight of the petitioner. I accordingly direct the petitioner to make a representation to the District Superintendent of Education, Muzaffarpur, who exercises the jurisdiction over the entire Muzaffarpur district, who would look into the matter and take action appropriate to the facts of the case immediately. He may seek, if he so wishes, clarification from the State Government but ensure that clarification must be obtained at the earliest otherwise the whole purpose would stand defeated. With the aforesaid observations and directions, the writ petition is disposed of. singh (Navaniti Prasad Singh,J)