Judgment S. Narain, J. 1. This is an application under Articles 226 and 227 of the conssitution of India for quashing the order, dated 7-8-1978 of the Director, secondary Education, Bihar, respondent no.2, a copy whereof is Annexure i to the writ petition, by which the petitioner, sundri Devi, Headmistress, government Girls Middle School, Biharsharif has been transferred to Jamui as headmistress, Government Girls Middle school, Jamui. Besides the Director, respondent No.2 the other respondents to this writ petition are the State of bihar, the Education Commissioner, government of Bihar and the Deputy director of Education (Secondary Schools)respondents 1, 4 and 3 respectively. One Srimati Maya Sinha an Assistant Teacher of the Government Girls Middle school, Biharsharif, who according to the averments made in her petition under sec.151 of the Code of Civil Procedure which have not been controverted bv the petitioner though a reply to the counter-affidavit on her behalf has been filed, has been promoted to the post of Headmistress and posted in the Government girls Middle School, Biharsharif with effect from the date of making over charge by the petitioner, prayed for impleading her as party respondent. This petition was not opposed. The learned counsel for the petitioner stated that he had no objection to Srimati Maya sinha being heard in accordance with the provisions of Rule 5 of Chapter XXI-C of the Patna High Court Rules. As the person appointed to succeed the petitioner as Headmistress of the aforesaid school, Srimati Maya Sinha is a proper person to be heard and, therefore, I have heard the learned counsel for Srimati Maya Sinha. 2. In view of the contentions raised and the conclusion at which I have arrived at it is not necessary to state the facts of the case beyond what has already been stated. It is, urged on behalf of the petitioner that the aforesaid impugned order of transfer is null and void, illegal and fit to be quashed because it contravenes the provisions of the Government directions contained in Letter No. G/m-7-074/76-Shi-4557-dated 1542-1975 of the Educational commissioner, Bihar addressed to the director (Secondary Education, Bihar ). According to the petitioner, the Governments direction contained in various clauses of paragraph 5 of that letter have been contravened by the impugned order of transfer. According to the petitioner, the Governments direction contained in various clauses of paragraph 5 of that letter have been contravened by the impugned order of transfer. The first contravention alleged, of the provision of clauses 3 (kha) arid 9 of paragraph 5 of the order which provided the convenience of the lady teachers shall be considered in passing orders for their transfer and posting. According to the petitioner, her posting to Jamui has been made without considering the inconvenience (sic) (inconvenience caused to her by the said posting, the other provisions of the circular letter which is alleged to have been contravened is clause 13 of Part v which lays down that transfer of teachers, would be made by the District superintendent of Education, the sub-divisional Education Officer and the area Education Officer with the approval of the District Education Officer. It is urged on behalf of the petitioner and that in making the order of transfer the recommendations of the area Education Officer who had strongly recommended for retention of the petitioner at Biharsharif had not been considered. A case of contravention of clause 5 of Part V was also raised in the petition but that has been abandoned by Mr. Naseem Ahmad appearing for the petitioner and in my opinion rightly. 3. In my opinion, it is not necessary to decide whether or not the impugned order of the transfer contravenes the aforesaid provisions of the aforesaid Circular letter dated 15-12-1976 because, in my opinion, transfer of the petitioner is not governed by the provisions of the aforesaid Circular letter. 4. The directions contained in the aforesaid circular letter are expressed to have been issued in exercise of the powers conferred on the Government under sec.8 of the Bihar Non-Government Elementary school (Taking Over of control) Act, 1976 (hereinafter referred to as the Act ). According to its preamble, the Act was passed : "to provide for the taking over of non government Elementary Schools under the State Control for better organisation and development of elementary education in the State of Bihar. " section 1 dealswith the title etc. According to its preamble, the Act was passed : "to provide for the taking over of non government Elementary Schools under the State Control for better organisation and development of elementary education in the State of Bihar. " section 1 dealswith the title etc. , Sec.2 contains the definition, Sec.3 prescribes to the manner in which the various categories of non-Government elementary Schools would be taken over under the act, Sec.4 deals with the consequence of taking over, Sec.5 refers to the creation of a District Education fund and Sec.6 constitutes an Elementary education Committee. Sec.7 confers upon the State Government the powers to make rules in the manner laid down. Sec.9 deals with repeal and savings. Sec.8 runs thus : "if any difficulty arises in giving effect to the provisions of this Act, the State Government may take such action or pass such order as appears to it necessary for removing the difficulty. " A survey of the provisions of the Act, therefore, makes it clear that the act is concerned with making provisions for the taking over of the non-Government elementary Schools and matters connected with the same. Sec.8 under which the direction contained in the circular letter have been issued empowers the State Government to take action for removing any difficulty arising in giving effect to the provisions of the Act. The provisions of the Act in terms or by necessary intendment do not deal with the schools or teacher and other persons employed/in schools which were mantained by the State Government prior to the passing of the aforesaid Act or the ordinance which preceded it and the last of which is Bihar Ordinance 62 of 1976 which it repeals along with other Acts. It is, therefore, manifest that no difficulty would arise in giving effect to the provisions of the Act so far as the teachers of government Schools are concerned. The power under Sec.8 of the Act could be exercised only for removing difficulties in giving effect to the provisions of the act and and, therefore, prima facie it could not be exercised to make provisions governing the appointment, promotion, transfer, leave etc. of teacher employed in the Government Schools which were established, maintained and managed by the Government prior to these provisions, for, generally speaking the question of their appointment, posting, transfer etc. of teacher employed in the Government Schools which were established, maintained and managed by the Government prior to these provisions, for, generally speaking the question of their appointment, posting, transfer etc. colud not occasion any difficulty in giving effect to the provisions of the Act. It is only in the appointment, posting, transfer, promotion, conditions of service etc. , of teachers and staff employed in the non-Government elementary Schools which were being taken over by the Act that difficulty would arise in giving effect to the provisions of the Act. If, therefore, the Government would seek to regulats the terms and conditions of service, appointment, transfer etc. of teachers of Government schools which were not taken over under the Act purporting to do so in exercise of powers conferred under Sec.8 of the act, it would be acting in excess of its powers and such directions would be ultra vires Sec.8 of the Act. It is in the light of this background and object of Sec.8 of the Act that the provisions contained in the aforesaid Government circular letter have to be construed. 5. Part V of the Circular letter is headed transfer. Clause 1 (ka)translated into English reads thus : "the transfer and posting of teachers shall be confined within their district". Clause 2 provides that the transfer of teachers belonging to urban and rural areas shall until further orders be confined to urban and rural areas respectively. Clause 3 (kha) prohibits the transfer of a male teacher to a place within his home block and clause 3 (kha)says that the aforesaid condition shall not apply in the transfer of female teachers who would be transferred and posted in accordance with their convenience. Clause 4 provides that ordinarily teachers would not be transferred during period of three years. Clause 9 provides that in the transfer and posting of female teachers their convenience shall be taken into consideration. Clause 13 of Part V of the Circular letter, translated into English runs thus : transfer of teachers shall be made by the District Superintendent of education/the Subdivisional Education Officer/area Education officer with the approval of the District Education Officer. ". . . . It will thus be seen in Part V of the Circular letter the general expression teacher or female teacher is used and it is urged by Mr. ". . . . It will thus be seen in Part V of the Circular letter the general expression teacher or female teacher is used and it is urged by Mr. Ahmad appearing for the petitioner that the expression teacher or female teacher is wide enough to include within its ambit the teachers of government Schools which have not beea taken over under the Act. It is true that the expression teacher or female teacher considered in. isolation and without regard to the aims and objects of the issuance of the Circular letter and Sec.8 of the Act under which it was issued is capable of including teachers of Government Schools and other schools not taken over under the Act. But as has been pointed out in Maxwell on the Interpretation of Statutes, (10th Edition at page 20) "the true meaning of any passage, it is said, is to be found not merely in the words of that pasage, but in comparing it with other parts of the law, ascertaining also what were the circumstances with reference to which the words were used, and what was the object appearing from those circumstances which the legislature had in view. " It has also been stated at page 52 of the aforesaid book, that the meaning of an enactment is found : not so much in a strictly grammatical or etymological propriety of language, nor even in its popular use, as in the subject or in the occasion on which they are used and the object to be attained. " it is, therefore, a canon of interpretation that all words, if they be general and not express and precise, are to be restricted to the fitness of the matters. The circular letter has been issued in the context of Sec.8 of the Act and the object is to remove difficulties in giving effect to the provisions of the Act. The context and the object make it abundantly clear that the expression teacher or female teacher is restricted to teacher or female teacher of non-Government elementry Schools taken over by the government in accordance with the provisions of the Act and that the general expression is to be so restricted regard having her to the fitness of the matter. The context and the object make it abundantly clear that the expression teacher or female teacher is restricted to teacher or female teacher of non-Government elementry Schools taken over by the government in accordance with the provisions of the Act and that the general expression is to be so restricted regard having her to the fitness of the matter. As i have already pointed out that, if the Government had purported to deal with the conditions of transfer of teachers or schools not taken over under the Act, it would not be an act for the purpose of removing difficulties in giving effect to the provisions of the Act and its action would be ultra vires Sec.8. There is presumption that authority does not intend to exceed its jurisdiction. 6. Further, the circular letter must be read as a whole and the construction of all its parts made together and not by one part only by itself. Part VI of the Circular letter is headed different kinds of leave and clause (ka) of Part VI translated into English runs thus : "rules regarding different kinds of leave to teachers shall be the same as are laid down in the Service Code for Government servants". In clause (ka) of Part VI also the general expression teachers occurs which in its natural and wide meaning can comprehend teacher of Government schools also. It is, however, manifest that the expression teachers in clause (ka) of part VI does not include teachers of government schools as they being Government servants are already govern by the Service Code. To provide that they would be governed as clause (ka) of Part vi provides, by the rules laid down in the Service Code would be a superfluity. Therefore, it is, as I have already said, manifest that the wide general expression teachers in clause (ka) of Part VI does not include teachers of Government Schools. To provide that they would be governed as clause (ka) of Part vi provides, by the rules laid down in the Service Code would be a superfluity. Therefore, it is, as I have already said, manifest that the wide general expression teachers in clause (ka) of Part VI does not include teachers of Government Schools. If the general expression teachers in Part VI does not include teachers of Government schools and must be limited to teachers of non-Government Elementary schools which have been taken over under the Act and who have because of the provisions of Sec.4 (2) and in consequence of the take over became a teacher of the State Government, it can legitimately be held that the general expression teacher or female teacher occurring in Part V, another part of the same instrument, bears the same meaning and must be limited to teachers who have become Government servants under Sec.4 (2) of the Act as a consequence of the take over. Same or similar words are presumed to have been used in the same sense in the same instrument. As has been said in Maxwell yn the interpretation of Statute (10th Edition at page 29) : "one of the safest guides, it has been said, to the construction of sweeping general words, which are difficult to apply in their full literal sense, is to examine other words of like import in the same instrument, and to see what limitations must be imposed on. them and if it is found that a number of such expressions have to be subjected limitation and qualifications, and that such limitations and qualifications are of the same nature, that circumstances from a strong argument for subjecting the expression in dispute to a like limitation and qualification. " I therefore, hold that the expression teachers or female teacher occurring in Part V of the aforesaid Circular letter is restricted to teachers of the schools which have been taken over under the act and who have, as a consequence of sec.4 (2) because teachers under the state Government and does not include teachers of Government Schools which were established, managed and maintained by the State Government prior to the take over of non-Government elementary Schools. 7 It is not disputed that the petitioner is a teachar of a Government school established, managed and maintained by the Government prior to the take over of the non-Government Elementary schools under the Act and is not a teacher of a non-Government Elementary school taken over under the Act. The provisions of Part V of the aforesaid circular letter have, therefore, no application and the impugned order of transfer, therefore, cannot be held to be void on the "ground of contravention of the government direction contained in Part V of the Circular letter. 8. I may mention that yesterday (10-11-1978)after the recess, a counter-affidavit was filed on behalf of respondents 1 to 4 but as this counter-affidavit was filed only after recess on 10-11-1978, though the case was, with consent, fixed for hearing on 5-10-1978 and the hearing of the case commenced on 25-10-1978, I have declined to take it into consideration. 9. In the result the application is without merit and it is, accordingly, dismissed. In the circumstances of the case there will be no order as to costs. Application dismissed.