BINAY KUMAR SHARMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 5/1/2019, by which the private respondent no.9, namely, Sanjeev Kumar, has been directed to join the Government High School, Birupur. It has been further prayed to direct the respondent authorities to restore the order of transfer dtd. 21/11/2017, whereby and whereunder the private respondent no.9 has been transferred from Government High School, Birupur (Lakhisarai) to the updated Secondary School, Lodia (Lakhisarai).

(2.) I have heard the learned counsel for the petitioner and the petitioner is stated to be the resident of village Birupur and it is stated that the present writ petition is being filed in the interest of students, who are studying in the school in question so that quality of education can be maintained.

(3.) It is a trite law that petition in public interest is not entertainable in service matter and moreover, as far as the present case is concerned, the petitioner has got no locus standi to prefer the said writ petition. In this regard, it would be relevant to refer to the judgment rendered by the Hon'ble Apex Court, reported in 2010 (9) SCC 655 [Hari Bansh Lal vs. Sahodar Prasad Mahto], paragraphs- 11 to 14, 16, 18 and 19 are reproduced herein below:-