Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10641 of 2013 ====================================================== 1. AZAD PRASAD MANDAL S/O LATE DHANANJAY MANDAL RESIDENT OF VILLAGE- MOHANPUR, P.O AND P.S- MANSAHI, DISTRICT- KATIHAR, PRESENTLY POSTED AS ZILA PARISHAD SECONDARY TEACHER IN INDIRAVATI HIGH SCHOOL, AMDABAD, KATIHAR. 2.DR. RAGHVENDRA KUMAR JHA S/O BACHHE JHA RESIDENT OF VILLAGE AND P.O- SISWAR BAZAR, PHULPRAS, DISTRICT- MADHUBANI, PRESENTLY POSTED AS ZILA PARISHAD SECONDARY TEACHER IN INDIRAVATI HIGH SCHOOL AMDABAD, KATIHAR. 3. RANJAN S/O INDRADEV PRASAD RESIDENT OF VILLAGE, P.O AND P.S- TIKAPATTI, DISTRICT- PURNEA, PRESENTLY POSTED AS ZILA PARISHAD SECONDARY TEACHER A.L. HIGH SCHOOL, SONAILI, KATIHAR. 4. MD. MAQSOOD ALAM S/O MD. SHAMSUDDIN RESIDENTOF VILLAGE- GERWA, P.O- JAGDISHPUR, DISTRICT- KATIHAR, PRESENTLY POSTED AS ZILA PARISHAD SECONDARY TEACHER IN HIGH SCHOOL, KOHRA, KATIHAR. 5. MD. TASLUMUDDIN S/O MD. TAMIZUDDIN RESIDENT OF VILLAGE- HATI, P.O- BETHNA,P.S- BARSOI, DISTRICT- KATIHAR, PRESENTLY POSTED AS ZILA PARISHAD SECONDARY TEACHER IN HIGH SCHOOL, ABADPUR, KATIHAR. 6. MD. MUZAFFAR IMAM S/O MD. MUZAMIL HAQUE RESIDENT OF VILLAGE- SHIVNAGAR, P.O AND P.S- AZAMNAGAR, DISTRICT- KATIHAR, PRESENTLY POSTED AS ZILA PARISHAD SECONDARY TEACHER IN HIGH SCHOOL, BARSOI, KATIHAR. 7. SANJAY KUMAR S/O JAI NARAYAN MANDAL RESIDENT OF VILLAGE- P.O AND P.S- TIKAPATTI, DISTRICT- PURNEA, PRESENTLY POSTED AS ZILA PARISHAD SECONDARY TEACHER IN HIGH SCHOOL BARSOI, KATIHAR. 8. MD. NOORUL ISLAM S/O LATE SK. MAJIDUR RAHMAN RESIDENT OF VILLAGE AND P.O- MADHEPUR, P.S- B ALRAMPUR, DISTRICT- KATIHAR, PRESENTLY POSTED AS ZILA PARISHAD SECONDARY TEACHER IN HIGH SCHOOL MAHINAGAR, KATIHAR. VERSUS .... .... PETITIONER/S DIRECTOR, EDUCATION SECONDARY SECONDARY DEPARTMENT, 1.THE STATE OF BIHAR. SECRETARY, 2.THE GOVERNMENT OF BIHAR, PATNA. 3.THE GOVERNMENT OF BIHAR, PATNA. 4.THE DISTRICT MAGISTRATE, KATIHAR. 5.THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, KATIHAR. 6.THE CHAIRMAN, ZILA PARISHAD, KATIHAR. 7.THE DISTRICT EDUCATION OFFICER, KATIHAR CUM THE SECRETARY (EMPLOYMENT) ZILA PARISHAD SECONDARY TEACHER NIYOJAN COMMITTEE, KATIHAR. DEPARTMENT, EDUCATION
Legal Reasoning
.... .... RESPONDENT/S ====================================================== Appearance : For the Petitioner/s : Mr. Nazmul Hoda & Mr. Mazher Alam, Adv For the Respondent/s : Mr. R.K.Verma SC-27 with Mr. Sanjay Mandal AC to SC-27. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER Patna High Court CWJC No.10641 of 2013 (2) dt.20-09-2013 2 2/ 20-09-2013 Heard learned counsel for the parties. In support of the prayer made in this writ application, relevant portion whereof reads as follows:- "For issuance of writ in the nature of mandamus or any other writ , order, direction for commanding the respondent authorities to transfer the petitioners from their present place of posting in Zila Parishad Secondary School to another school as the petitioner have given application for the Same. For issuance of writ of mandamus of any other appropriate writ, order, direction to the Zila Parishad Secondary Teacher Penal Committee to approve the transfer application of the petitioners for their transfer to another they Zila Parishad Secondary School as applied for the same." Mr. Nazmul Hoda, learned counsel appearing on behalf of the petitioners has submitted that though there is a provision in the service condition of the teachers continuing in the Zila Parishad governed High Schools of their being given transfer as per their request, the cases of the petitioners were not at all considered. To that extent, the petitioners claim violation of their rights as protected in respect of their transfer in the statutory Rules. Learned counsel for the State, however, has referred to the proceedings of the transfer Committee which goes to show that the Committee had considered the Patna High Court CWJC No.10641 of 2013 (2) dt.20-09-2013 3 cases of 50 willing persons seeking transfer on 29.06.2012. A committee of five persons headed by the Chairman of the Zila Parishad with Deputy Development Commissioner, Katihar District Education Officer, Katihar, Block Education Officer, Katihar as also the member of the Zila Parishad, Katihar has examined cases of all such 50 applicants including these 8 petitioners and for the reasons assigned their request for transfer was not allowed . Mr. Hoda on being invited attention to this document submits that the dispute for the cases of the petitioners for their request transfer was considered but then reasons given therein are not genuine and fair. This Court, however, would not go to this aspect for a simple reason that Mr. Hoda had earlier taken with the stand that the cases of the petitioners were not at all considered. The document contained in Annexure-4, the proceedings of the Committee would go however to show that the cases of the petitioners were considered and reasons have also been assigned. The justification for such reasons cannot be gone into by this Court as if sitting in appeal. Such reasons Patna High Court CWJC No.10641 of 2013 (2) dt.20-09-2013 4 given by the Committee are based on the administrative exigency of the School. Therefore if there is no vacancy where the transfer is being sought or if on account of transfer sought the functioning of the School from where the transfer is being sought will itself come to grinding halt, such reasons cannot be interfered by this court as the limited scope of judicial review would be confined to the decision making process and not to the merits of the decision. Having perused the reasons, this Court is fully satisfied that no error was committed by the Committee in rejecting the cases of the petitioners for refusal of their request transfer. There is infact no inherent right for any of the teachers for their transfer and infact the policy of transfer on request itself envisages certain exceptions. The submission of Mr. Hoda that new appointment process has been taken up in the school of the petitioners and may lead to a situation enabling the petitioners to avail their request transfer to their place of choice is not only speculative in nature but still in embryo. This Court would not like to say anything in this respect but then rejection of the cases of the petitioners for their Patna High Court CWJC No.10641 of 2013 (2) dt.20-09-2013 5 request transfer for the present will not mean that it has been rejected for ever. Since, every teacher has been given two opportunities for making request transfer, the petitioners' only one opportunity probably has been lost and therefore, they can still wait for their second opportunity which they can avail after ensuring that their transfer becomes permissible on account of adequate number of vacancies to the place they would like to be transferred on request. With the aforementioned observation, this
Decision
application is disposed of. Ranjan/- (Mihir Kumar Jha, J)