PURSOTTAM UPADHYA Vs. DISTRICT BASIC EDUCATION OFFICER

JUDGEMENT

(1.) The petitioners are teachers under the Basic Education Board in Primary Schools, but they have since long been attached to Junior High School. The impugned order dated 22 April, 1993, merely assigns them to Primary Schools. The petitioners are aggrieved by this order and have filed the present petition.

(2.) On an inquiry from the Court, no issue has been presented, to the effect, that the emoluments of the petitioners will not remain the same, but only that since for five years they are teaching in a Junior High School, they should not be shifted to a Primary School. Indirectly, this petition seeks to prevent the State from transferring the petitioners to Primary Schools.

(3.) The Court cannot issue such an order because if it would, it could jeopardise the primary education scheme. Once the petitioners joined the services under the Basic Shiksha Parishad they are on a transferable job. They may be transferred in the normal course as the regulations applicable to them prescribe. Nothing has been shown to the Court that this cannot be done. As long as their emoluments of service are not reduced, no Primary School teacher can say that, once having been posted at a Junior High School he will not teach in a primary school.