Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties. The petitioner being aggrieved by the notification contained in Memo No. 237 dated 31st December 2013 issued by the Respondent No. 3 - Deputy Secretary, Human Resources Development Department, Government of Jharkhand (Annexure -4), whereunder he has been transferred from the post of District Superintendent of Education, Giridih to the post of Principal, Primary Teachers Training College, Gumla, has preferred this writ application. At the same time, he has also sought a direction upon the respondents to allow him to continue on the present place of posting till normal tenure of three years.
(2.) THE petitioner's contention is that by notification of 30th December 2011 (Annexure -1), he was transferred from the post of Sub Divisional Education Officer, Godda to the post of District Superintendent of Education, Giridih which he joined on 02nd January 2012 and had been functioning thereafter without any complain. Again, by a notification of 29th December 2012, he was transferred as a Principal, Primary Teachers' Training College, Bundu where again he joined and served for about five months. On his representation, the State Government vide notification no. 70 dated 8th May 2013 again posted him on the same post of District Superintendent of Education, Giridih to which, he submitted his joining. Seven month thereafter, by the impugned notification dated 31st December 2013, he has been once again posted as a Principal, Primary Teachers Training College, Gumla (Annexure -4). Challenging the same, learned Senior counsel for the petitioner has inter -alia submitted that the petitioner belongs to the Jharkhand Education Service Cadre, who cannot be transferred to a teaching cadre which is a separate cadre. He has further submitted that within a short span of two years, he has been transferred twice which is contrary to the guidelines under the Circular dated 25th October 1980 prescribing a minimum of three years of tenure. Apart from the above, the main thrust of the challenge is on the ground that the impugned transfer is in teeth of the National Council for Teacher Education (NCTE) Regulation notified on 18th June 2002 which prescribes a minimum qualification for a Principal of a Teachers' Training College. According to the petitioner, he does not fulfill the eligibility qualification of a Principal as he is neither Ph.D. in education, nor has ten years of teaching experience. The N.C.T.E. Act being a Central Legislation, has overriding effect on the State Regulation and cannot be ignored. Learned Senior counsel has also relied upon a judgment rendered by the learned Single Bench of this Court in the case of Amnanda Kumari vs. State of Jharkhand & others [WPS 4996/2008] dated 14th October 2009. Learned Senior counsel has referred to Rule -4 of Bihar Education Service (Class -II) Rules of 1973 which only provides source of recruitment. He has submitted that it does not create a cadre as alleged by the respondent comprising a teaching cadre of the Education Service (Class -II). By referring to Rule 12 of the Jharkhand Service Code, he has sought to distinguish the reliance of the respondents upon the provisions of Bihar Education Service (Class -II) Rules, 1973 whereunder, they have treated the petitioner as belonging to the teaching cadre whose services can be placed in a teachers training college as well. On these grounds, the impugned order has been challenged by the writ petitioner.
(3.) RESPONDENTS have appeared and filed their counter affidavit. As per the respondent State, the Rules for recruitment of officers in Class -II of State Education Service was notified in March 1974 which provides that the State Education Service comprises four branch which reads as under: I. Principal in Govt. High School. II. Training, Principal in Primary Teachers Training Colleges/Lecturers in Govt. Teachers Training Colleges. III. Inspection, (District Superintendent of Education/District Education Officers/Sub Divisional Education Officer) IV. Women branch -District Inspectors of Schools/Principal Women Primary Teachers Training Colleges/Principal Govt. Girls High Schools.;