TARKESHWARDUBEY Vs. STATE BIHAR

JUDGEMENT

(1.) In all these writ applications the common question which arises for consideration is as to whether the orders of transfer passed as against the petitioners from one elementary School to another is valid.

(2.) All the petitioners are teachers working in the different Elementary Schools which had been taken over in terms of the provisions of Bihar Non-Government Elementary Schools (Management and Taken Over) Control Act, 1976 (hereinafter to be referred as the 'Act'), Although, the said Act was enacted in the year 1976 and was made retrospective with effect from 1-1-1971. the State of Bihar has yet to frame the rules laying down the terms and conditions of services of teaching and non-teaching staff. The reluctant attitude on the part of the State in framing rules in terms of the provisions of the Act was also resented upon by a Full Bench of this Court in the year 1986 reported in Krishandeo Mishra v. State of Bihar, reported in 1987 PLJR, 854. But despite the same, no rules have yet been framed by the State, However, the State from time to time had issued circular letters purported to be in exercise of its powers under Section 8 of the said Act laying down the guidelines which have to be followed inter alia in the matter of transfer. As per the directive of the State Government, by reason of the aforementioned circular letters, a District Eduction Establishment Committee of which the District Magistrate is the ex-Officio Chairman, is required to consider the cases of transfer of teachers.

(3.) The State of Bihar issued a Circular letter bearing No. 502 dated 11th December, 1991, in terms whereof all transfers made after 30th June, 1991, were directed to be stayed till further orders. The State has further directed not to make mass transfer or general transfer except for three reasons, viz. namely (i) in view of administrative and public interest on the basis of proved charges, (ii) either on the assurances given on the floor of the Assembly or in the light of the orders passed by the High Court and (iii) in the Schools where 50% of sanctioned posts are lying vacant, then in order to fill up such vacancies.