SIDHESHWARPRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) -This writ application has been filed by the petitioner for quashing the order of the Director, Secretary Education (Respondent No. 2) as communicated to the petitioner under Memo No 1445 dated 9th July, 1992 (Annexure 1) by which he has been transferred from High School, Ghoshi, Jehanabad to Keshav High School, Barun in the district of Aurangabad.

(2.) The High School, Ghoshi, situated in the district of Jehanabad (the school 'hereinafter) had been nationalised under the provisions of Section 34 of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Ordinance, 1980. The provisions of the said ordinance were incorporated in the Bihar Act No, 33 of 1982. The petitioner being an Assistant Teacher in the school his services were also taken over by the Government. Aceording to the petitioner at present he is working as an acting Headmaster of the school.

(3.) Mr. Rajendra Prasad Singh, learned counsel appearing on behalf of the petitioner, has challenged the impugned order of transfer as contained in Annexure 1 to the writ application on the ground that in view of Rule 12 of the Bihar Nationalised Secondary Schools (Conditions of Service) Rules, 1983 (hereinafter referred to as the 'Rules') framed under the provisions of the Act the respondent Director has no authority to affect the transfer of Assistant Teachers and as such, the impugned order is fit to be quashed being ultra vires.