Decided on November 11,1979

STATE OF BIHAR Respondents


S.Narain, J. - (1.)This is an application under Articles 226 and 227 of the Conssitution of India for quashing the order, dated 7-8-1978 of the Director, Secondary Education, Bihar, respondent no. 2, a copy whereof is Annexure 'I' to the writ petition, by which the petitioner, Sundri Devi, Headmistress, Government Girl's Middle School, Biharsharif has been transferred to Jamui as Headmistress, Government Girl's Middle School, Jamui. Besides the Director, respondent No. 2 the other respondents to this writ petition are the State of Bihar, the Education Commissioner, Government of Bihar and the Deputy Director of Education (Secondary Schools) respondents 1, 4 and 3 respectively. One Srimati Maya Sinha an Assistant Teacher of the Government Girls Middle School, Biharsharif, who according to the averments made in her petition under Sec. 151 of the Code of Civil Procedure which have not been controverted bv the petitioner though a reply to the counter-affidavit on her behalf has been filed, has been promoted to the post of Headmistress and posted in the Government Girls Middle School, Biharsharif with effect from the date of making over charge by the petitioner, prayed for impleading her as party respondent. This petition was not opposed. The learned counsel for the petitioner stated that he had no objection to Srimati Maya Sinha being heard in accordance with the provisions of Rule 5 of Chapter XXI-C of the Patna High Court Rules. As the person appointed to succeed the petitioner as Headmistress of the aforesaid school, Srimati Maya Sinha is a proper person to be heard and, therefore, I have heard the learned counsel for Srimati Maya Sinha.
(2.)In view of the contentions raised and the conclusion at which I have arrived at it is not necessary to state the facts of the case beyond what has already been stated. It is, urged on behalf of the petitioner that the aforesaid impugned order of transfer is null and void, illegal and fit to be quashed because it contravenes the provisions of the Government directions contained in Letter No. G/M-7-074/76-Shi-4557-dated 1542-1975 of the Educational Commissioner, Bihar addressed to the Director (Secondary Education, Bihar). According to the petitioner, the Government's direction contained in various clauses of paragraph 5 of that letter have been contravened by the impugned order of transfer. The first contravention alleged, of the provision of clauses 3 (kha) arid 9 of paragraph 5 of the Order which provided the convenience of the lady teachers shall be considered in passing orders for their transfer and posting. According to the petitioner, her posting to Jamui has been made without considering the inconvenience (sic) (inconvenience caused to her by the said posting, the other provisions of the Circular letter which is alleged to have been contravened is clause 13 of Part V which lays down that transfer of teachers, would be made by the District Superintendent of Education, the Sub-divisional Education Officer and the Area Education Officer with the approval of the District Education Officer. It is urged on behalf of the petitioner and that in making the order of transfer the recommendations of the Area Education Officer who had strongly recommended for retention of the petitioner at Biharsharif had not been considered. A case of contravention of clause 5 of Part V was also raised in the petition but that has been abandoned by Mr. Naseem Ahmad appearing for the petitioner and in my opinion rightly.
(3.)In my opinion, it is not necessary to decide whether or not the impugned order of the transfer contravenes the aforesaid provisions of the aforesaid Circular letter dated 15-12-1976 because, in my opinion, transfer of the petitioner is not governed by the provisions of the aforesaid Circular letter.

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