ASHARFJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the petitioner challenging the validity of the order dated 5-9-1988 passed by the respondent Director, Secondary Education (Annexure-1) by which he has transferred the private respondent, Shri Rajendra Prasad Choudhary to Nar Narayan Singh High School, Mansoorchak. Beguasarai (hereinafter to be referred to as the school' only) as headmaster from high school, Pachpaika (Samastipur) under the orders of the "administration" (Shashan Ke Adeshanushai)

(2.) According to the petitioner, he being the seniormost assistant teacher in the school has been authorised to discharge the functions of the headmaster. He assails the impugned order on the ground that the same has been passed pursuant to political interference and the respondent director, who has the statutory authority in this regard, has merely acted on the dictates of the political high ups. It has been further stated that there is a state Level Establishment Committee which has been constituted for the purpose of considering the issue relating to transfer of headmasters. But in this case, no such consultation was held with the said Committee.

(3.) Under the provisions of the Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act, 1981, the State Government has framed statutory rules known as Bihar Nationalised Secondary Schools (Conditions of Service) Rules. 1983 (hereinafter in short 'the Rules'). These Rules have been subjected to various amendments by Notification No. 437 dated 23rd April, 1988. These amending Rules were published in the official gazette on 15th July, 1988, and, therefore, the amendments have come into force from the said date Rule 6 (3) of the said Rule provides that the headmasters of the Nationalised Secondary Schools will form a State cadre and the Director will be the controlling authority thereof Rule 12 after its amendment by the aforesaid notification, provided that the transfer of headmasters/assistant teachers/employees will be effected by the Director, Secondary Education on the basis of the recommendations of the Establishment Committee constituted at the Directorate level. In this case, admittedly, the Establishment Committee had not made any recommendation for transfer of respondent No. 4 to the school in question.