BASUDEV SARANGI Vs. INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) THE facts, in brief, so far relevant on which this application under Articles 226 and 227 of the Constitution is founded, are as follows : Uchashikshyasram High School of Village Kadaliban was started as a private institution in which the petitioner was appointed as an Asst. teacher by the Managing Committee in the year 1943 and he continued to serve there. In the year 1962, the State Government took over this institution along with other similar institutions situate at different places in the State declaring them as Government managed full deficit aided High Schools. THE Managing Committee was abolished and a set of Rules as at Annexure 1 were introduced for the management and administration of the institutions. Subsequent to the taking over of management of such institutions opposite parties effected transfers of teachers from one school to another, in the course of which, petitioner was transferred to Kolar-Joypur High School, but later on ordered to rejoin his original post at Arua-Kadaliban after expiry of his leave. On 2-9-1967, after expiry of his leave, petitioner joined his original post, but again proceeded on leave on 12-9-1967. While he was on leave, he was declared as surplus in the institution, transferred and temporarily adjusted as an Asst. teacher in the Dohali Model High School. His representations to the authorities in the Department that under the conditions of his service he was not liable to transfer from the institution where he was originally appointed by the Managing Committee having proved infructuous, he filed the present application for issue of a writ of mandamus directing the opposite parties not to enforce their order of his transfer from the Uchashikshysram High School of Kadaliban where he has been serving since 1943 and to treat him as a teacher of that institution. In short, his contention is that he having been appointed by the Managing Committee of a Private School is not liable to transfer from the said institution according to the conditions of his contract of service, and as such, the order of his transfer passed by opposite parties is without jurisdiction.

(2.) OPPOSITE parties in their counter-affidavit resist the application firstly, on the ground that the Inspector of Schools being in charge of the administration and management of all the taken over full deficit aided High Schools is competent to transfer the petitioner from one such institution to another under the Rules at Annexure 1 introduced for the management of such institutions, and it is not open to the petitioner to challenge the same; and secondly, as the impugned order of transfer relates to the management of a private school which has been taken over by Government, the right, if any, claimed by the petitioner being contractual between him and the management, the appropriate remedy available to him will be by way of a civil suit and no writ is maintainable.