AMLESH KUMAR MAHATO v. THE STATE OF JHARKHAND THROUGH THE DIRECTOR, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
WPC/896/2025 · 2026-09-28
Deepak Roshan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 28409 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28409 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:29318 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 896 of 2025
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1. Amlesh Kumar Mahato, aged about 48 years, Son of Lakshman Mahato, resident of Village – Panderkanali Basti, Near Kali Mandir, P.O. – Kusunda, P.S. Putki, District – Dhanbad.
2. Shamsul Haque @ Md. Shamsul Haque Ansari, aged about 50 years, Son of Md. Nooruddin Ansari, resident of Village – Murradih, P.O. – Murradih, P.S. – Barwadda, District – Dhanbad.
3. Vandana Kumari, aged about 47 years, Wife of Shiv Kumar Mahto, resident of Narkopi, Dumdumi, P.O. Topchanchi, P.S. – Topchanchi, District – Dhanbad.
....Petitioner(s)
Versus
1. The State of Jharkhand through the Director, Department of School Education and Literacy, Government of Jharkhand, P.O. & P.S. – Jagarnathpur, District – Ranchi
2. The Deputy Commissioner-cum-Chairman, District Establishment Committee, Jamshedpur, P.O. & P.S. – Dhanbad, District – Dhanbad.
3. The District Superintendent of Education, Dhanbad, P.O. & P.S. – Dhanbad, District- Dhanbad.
....Respondent(s)
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CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioner(s) : Mr. Ranjan Kumar, Advocate For the Respondent(s) : Mr. Ashok Kr. Singh, AC to SC (L&C)-III
--------- 07/Dated:-28.09.2026
1. The instant application has been preferred by the petitioners praying for a direction upon the respondent authorities to consider the representation preferred by the respective petitioners in the light of the Government resolutions and circulars in relation to the transfer of the petitioners in one district to another on the basis of medical ground.
2.
Learned counsel for the Petitioners submits that a counter affidavit has been filed wherein at Para-10, it has been stated by
2026:JHHC:29318 2
Respondent No. 03 that the concerned office to deal with the application of request transfer is the District Superintendent of Education, Giridih.
3. Accordingly, he submits that the petitioners may be directed to approach the District Superintendent of Education Giridih by filing a fresh representation(s)/application(s) before the District Superintendent of Education, Giridih who shall pass an order in accordance with rules and applicable regulations.
4.
Learned counsel for the respondents submits that since the Petitioner has represented before wrong forum, as such, no relief could have been granted them.
5. Having regard to the specific averment in Para-10 of the counter affidavit, the Petitioners were supposed to file applications/representations before District Superintendent of Education, Giridih, but they have filed representations before wrong forum, therefore, no relief can be granted to the petitioners.
6. Accordingly, the instant application stands dismissed. However, the interest of justice would be sufficed by giving liberty to the Petitioners to approach the District Superintendent of Education, Giridih by filing fresh representations/applications with regard to request of transfer.
(Deepak Roshan, J.) SEPTEMBER 28th, 2026 simran/- uploaded-06.10.2026