SHREERAMPATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed for quashing of the order dated 11th June, 1993 (Annex-9) passed by the Additional Director of Education, Darbbanga cum Koshi division, Darbhanga, by which, pursuant to a decision of the Divisional Establishment Committee, the petitioner has been transferred from the Nationalised Mahatma Gandhi High School, Bihat, Begusarai, to High School, Hasauli Kothi, Samastipur.

(2.) According to the petitioner, as stated in the writ petition, he was appointed as a Sanskrit teacher in high school, Bibat, in March, 1979, which was subsequently taken over by the State Government with effect from the 2nd October, 1980. The petitioner home district is Bagusarai, Pursuant to a communication by the Deputy Director of Education as contained in Annexure 5, by the impugned order as contained in Annexure 9 the petitioner has been transferred outside his home district. The petitioner has assailed the impugned order on the ground of malafide and jurisdiction.

(3.) The qualification of the petitioner is that of 'Acharya' and, therefore, according to the classification of teachers as enumerated in Rule 3 of the Bihar Nationalised Secondary Schools (Conditions of Service) Rules, 1983 (hereinafter to be referred to as 'the Rules' only), the petitioner falls in grade. The Rules have been framed by the State Government pursuant to its power conferred on it under Section 15 of the Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act, 1981.