LAWS(PAT)-2002-5-3

MUKHTAR ALAM Vs. STATE OF BIHAR

Decided On May 21, 2002
Mukhtar Alam Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS petition has been filed as a public interest litigation by seven Primary Schoot teachers resisting the transfer being made under the Primary School Teachers (Transfer and Disciplinary Proceedings) Rules, 2002.

(2.) SEVERAL conceivable arguments have been made on how to resist the transfer being made basically for the purpose of ensuring that Primary School teachers are posted to man the Primary Schools. It is accepted that in Bihar today the Primary Schools virtually are sans their teachers.

(3.) BEFORE the court attention has been drawn to the order of the Supreme Court on a Special Leave Petition which had been decided on 5 September 1997. But on perusing the order, learned counsel accepts that this matter has nothing to do with transfer and posting of Primary School teachers as the order itself records that it was examining the matter regarding preliminary examination to be conducted by the Bihar Public Service Commission.