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1979 DIGILAW 242 (PAT)

Nag Narain Singh v. State of Bihar

1979-11-07

S.K.CHOUDHURI, S.SARWAR ALI

body1979
By Court In this writ application the petitioner prays for quashing of Annexure 2' to 4' Annexure 2' is the decision of the State Government dated 4.5.1977 recategorising the different cadres or branches of the Subordinate Education Service, Annexure 3' is order of transfer in relation to a number of officers including the petitioner issued by the Deputy Director (Primary Education), Bihar annexure 4' is the order issued by the Deputy Inspector of Schools, Siwan dated 5.5.1979 directing the petitioner to hand over charge to respondent no. 8. it may be stated that by virtue of the orders of the transfer aforesaid the petitioner, who was in the inspecting branch of the service has been transferred as Lecturer in Hansdiha Primary Teachers Training College in the district of Santhal Parganas. 2. The case of the petitioner is that formerly there were three cadres in the Subordinate Education Service, namely. (1) Inspection (male) Branch, (2) Teaching (male) Branch and (3) Inspection and Teaching (Female) Branch. This was done under Government order no. 5489 dated 25.11.1955, which it is said, is incorporated in Article 118 of the Bihar Education Code. The petitioner was appointed as Sub-Inspector of Schools in the Inspecting Cadre on 31.5.1958 and confirmed by order dated 21.2.1969. The post of Sub-Inspector of Schools was later designated as Block Education Extension officer. At the time of the impugned order of transfer the petitioner was working as Block Education Extension Officer, in the district of Siwan. A Government Order dated 4.5.1977 was issued by which different cadres of the Subordinate Education Service were recategorised and instead of three cadres four cadres were brought into existence. They are (l) Elementary Branch (male). (2) Teaching Branch (male). (3) Elementary Branch (female) and (4) Youth Branch (mixed). In the first category of the Elementary Branch (Male), were included 14 posts including those of the Headmasters of the Government Basic Schools. Lecturers and Coordinators of Elementary Teachers Training Colleges, Sub-Inspectors of Schools Block Education Extention Officers, Deputy Inspectors of Schools, Deputy Superintendents of Education, Assistant Area Officers and others. In Teaching Branch (Male), were included teachers of Government Boys High Schools, non Gazetted teachers of Teachers Training Colleges and non Gazetted teachers and officers of the State Research and Training Board, Patna. In Teaching Branch (Male), were included teachers of Government Boys High Schools, non Gazetted teachers of Teachers Training Colleges and non Gazetted teachers and officers of the State Research and Training Board, Patna. The contention of the petitioner is that as a result of the issue of this Annexure Inspecting Branch has been abolished and in its place Elementary Branch (Male) has been sought to be created in which officers belonging to the Inspecting Branch such as the petitioner, as well as Headmasters of Government Basic Schools and Lecturers and Coordinators of Elementary Teachers Training Colleges have been included. This makes it possible to transfer the personnel belonging to the Inspecting Branch to the teaching posts as included in the first category. 3. The main challenge in this writ application is to tile issue of Annexure 2', It is contended with reference to Article 118 of the Education code that there was in existence three separate cadres or Sub-Cadres and that the same could not be changed, or amalgamated by an executive order issued by the State Government. The result of this change it was pointed out was that the petitioner who was in the Inspecting Branch could be put under the supervision of a person who was junior to the petitioner and continued on an Inspecting post in the redefined cadre. The challenge to the validity of Annexure 2' cannot be accepted. The Education Code has no statutory force except in relation to the previsions which have received a statutory recognition by virtue of section 8 of the Bihar High Schools (Control and Regulation of Administration) Act, 1960 (Bihar Act, XIII of 1960). Bihar Act, XIII of 1960 was promulgated to control and regulate administration of High Schools other than schools owned by the State Government and matters connected there with. Bihar Act, XIII of 1960 was promulgated to control and regulate administration of High Schools other than schools owned by the State Government and matters connected there with. Sub-Section (2) of Section 8 of the Bihar High Schools (Control & Regulation of Administration) Act, 1960 runs as follows:- "Until the State Government make rules under this section, the provisions in the Bihar Education Code, 7th Edition amended from time to time and all resolutions and orders of the State Government or the Director of Public Instructions, Bihar a collection of which was published in the extraordinary issue of the Bihar Gazette, of the 23rd March, 1959 and which are in force on the date of commencement of this Act, shall in so far as they arc not inconsistent of this Act, and the provisions of the Constitution of India, relating & schools established and administered by Anglo Indians and minorities based on religion Or language, be deemed to be the rules made under this Act, for the purposes of this Act" It would, thus, be clear that those provisions incorporated is the Bihar Education Code as published in the extra ordinary issue of the Bihar Gazette of the 23rd March, 1955, which were in force on the date of commencement of the Act, and were not inconsistent with any provision of the Act, received statutory recognition in relation to matters connected with the control and regulation of the administration of the High Schools. So far as other provisions of the Education Code are concerned which are not connected with the subject matter of Act, XIII of 1960 do not have the force of law and continue as Government instructions or executive orders. 4. In this view of tile matter it has to be held that the order of the State Government on the basis of which it is said that there was constitution of the three cadres, namely, the Government Order dated 22-11-1955 is capable of being amended or modified by another Government order issued by a competent authority. In this view of the matter it is not necessary to examine the contention raised in the counter affidavit that the order of the Government of the year 1955 did not constitute difference cadres or sub-cadres but designated different branches in the same cadre. 5. In this view of the matter it is not necessary to examine the contention raised in the counter affidavit that the order of the Government of the year 1955 did not constitute difference cadres or sub-cadres but designated different branches in the same cadre. 5. The only other grievance of the petitioner that subsists is that the petitioner may not be put under his junior so far as supervision of his work as a teacher is concerned. In order to allay this apprehension a counter affidavit has been filed on behalf of respondent no. 1 in which it is stated in paragraph no. 2 as follows: "That no teacher's training college where Sub-Inspectors of School are transferred as teachers can be inspected or in any way controlled by any Sub-Inspector of School. The Head of that Institution is always an Officer of Bihar Education Service Class II." In view of a clear statement by the State we would direct that as long as the petitioner is working on a teaching post his work shall not be supervised by an officer who is junior to him and belongs to the first category as mentioned in Annexure ‘2’ holding the post of Sub-Inspector of School. Application disposed of.