VIVEKANAND MISHRA Vs. BIHAR SECONDARY EDUCATION BOARD

JUDGEMENT

(1.) In an application under Articles 226 and 227 of the Constitution of India, the petitioner prays for quhshing Annexure 8. By Annexure 8, Sri Umesh Chandra Singh (respondent no. 5) was transferred to Raj kumar and Lalji High School, Badhaunia as Headmaster on the vacant post of the Headmaster of that school.

(2.) It is an admitted position that the petitioner was an Assistant Teacher in the said school. It is also an admitted position that when the post of Headmaster of that school was vacant, Shri Umesh Chandra Singh was transferred to the said school to occupy the post of Headmaster.

(3.) The simple point for consideration is : whether the Bihar Secondary Education Board possesses such power of transfer or not? The answer is given in clause 6 of the notification dated 25-7-77 which was issued by the State Government under Sec. 63 (4) of the Bihar Secondary Education Board Act, 1976 (hereinafter referred to as "the Act"). Clause 6 of the aforesaid notification provides that whenever there is a vacancy for the post of Headmaster, the Bihar Secondary Education Board can make stop-gap arrangement for one year. It is mentioned in Annexure 8 that the post of Headmaster of Raj Kumar and Lalji High School, Badhaunia was vacant and as such Shri Umesh Chandra Singh was transferred to occupy the post of Headmaster. Under clause 6 of the aforesaid notification, if any stop gap arrangement has been made by the Board, such arrangement can be made for one year and the Headmaster will act as an officiating Headmaster and not as a permanent Headmaster. Therefore, in my opinion Shri Umesh Chandra Singh was transferred to occupy the post of officiating Headmaster of the aforesaid school for one year under clause 6 of the aforesaid notification. The order contaired in Annexure 8 was issued on 15th September, 1978. According to clause 6, such arrangement shall be valid for one year. I have been informed by the learned counsel for respondent no. 5 that respondent no. 5 joined the post of Headmaster of the aforsaid school on 20-11-78. If it is so, according to clause 6, his transfer shall remain valid for one year. Thus the effect of Annexure 8 lapsed at the end of the November, 1979.