J.R.CHOPRA, J. - (1.) HEARD learned Counsel appearing for the parties.
(2.) THE case of the petitioner is that she was serving as a Teacher in the Primary School, Bighha, which is under the control of Zila Parishad, Churu. She was a second grade teacher working as Head Mistress. The respondent No. 4 Smt. Jeewen Lala is also a second grade teacher and was working as Head Mistress in Govt. Upper Primary School, Salasar. An order came to be issued by the Chief Executive Officer and Secretary, Zila Parishad, Churu on 11 -9 -1989 transferring the petitioner from Bighba to Salasar and respondent No. 4 has been transferred from Salasar to Sandwan vide order Annexure -1. It is alleged that Salasar School was upgraded as a Secondary School vide Order Annexure -5 dated 7 -9 -1989, and certains condition were placed in that order which are actually the repetition of the conditions laid down in the Order of the Govt. dated 7 -9 -1989. The conditions laid down by the Government are as follows: (i) That in Class IX, the minimum students should be available for admission; (ii) The building of the Secondary School should be arranged immediately with the help of the Municipal Board or Panchayat Samiti or with the assistance of the public help; (iii) Four copies of the form for granting recognition by the Secondary Board Education, Ajmer be sent to District Education Officer and through him to the Director Primary and Secondary Education, Rajasthan, Bikaner and from there, one copy has to be sent to the Board; (iv) The school where there are no proper facilities for building grounds the District Education Officer should scrutinise that position and will make proposals to the District Collector for allotment of the land. The order Annexure -5 dated 11 -9 -1989 was received in the Office of the Deputy District Education Officer, Zila Parishad, Churu on 14 -9 -1989 and a certificate in that respect has been issued by the Deputy District Education Officer, which has been marked as Annexure -6. It was contended that this order Annexure -1 dated 11 -9 -1989 issued by the Zila Parishad prior to 14 -9 -1989 is a bonafide order and that has been complied with and, therefore, the order Annexure -7 dated 20 -10 -1989 issued by the Director, Primary and Secondary School Education, Bikaner asking the Zila Parishad to revoke its order Annexure -1 deserves to be quashed.
(3.) NO reply has been filed on behalf of the respondents but the writ petition was argued at length by the learned Counsel appearing for the parties.;