ANIL KUMAR CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have filed this writ petition praying for a declaration that Rule 4(2)(6) of the Bihar State Nationalised Elementary School Teacher (Transfer and Disciplinary Action) Rules, 1994, as adopted by the Government of Jharkhand under the provisions of Section 85 of the Bihar Re -Organisation Act, 2000 is ultra vires to the extent it lays down the eligibility of Home District necessary for inter -district transfer of the male teachers on the ground that the same is against the provisions of Article 16(2) of the Constitution of India.

(2.) THE case of the petitioners is as follows:

(3.) IN reply to the arguments advanced by the learned Counsel for the petitioner, the learned Counsel for the State would submit that it is not ultra vires to the provisions of Article 16(2) of the Constitution of India and the judgment relied upon by the petitioner, namely, 2003 (1) JCR 3 (Jhr) (Spl. Bench) is not applicable to the present case as the said judgment relates to the definition of local persons, which is a totally different matter.