Short Note : 1. Plaintiff B.L. Mishra was confirmed as an Assistant teacher in the Hindi English Middle School, Bilaspur, with effect from 1st April 1949. By Order dated 27th April 1965, the Divisional Superintendent, Bilaspur, transferred the plaintiff to the Railway Boys Primary School, Bilaspur. The plaintiff challenged his transfer as a reduction offending Article 311 of the Constitution. The trial Court decreed the suit which was upheld in appeal. Held : The main contention of learned counsel for the defendant-appellant is that the confirmation of the plaintiff Mishra as an Assistant teacher in the Middle School was erroneous because he did not hold the requisite qualifications for the post and, therefore, his transfer to the Primary School does not amount to reduction in rank. The learned counsel, however, failed to produce any material to show that a person for being qualified to be appointed as Assistant teacher in the Middle School should be a trained graduate which Mishra was not. In the absence of any such material, it cannot be held that the confirmation of Mishra as Assistant teacher in the Middle School was erroneous. Prima facie, it must be accepted that the confirmation of Mishra was good unless it is shown to be otherwise by the defendant. In the circumstances, the transfer of Mishra to the Primary School was clearing reduction in rank offending Article 311 of the Constitution. Appeal dismissed.