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Patna High Court · body

2002 DIGILAW 639 (PAT)

Md. Mukhtar Alam v. State Of Bihar

2002-05-21

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2002
Judgment 1. This petition has been filed as a public interest litigation by seven Primary Schoot teachers resisting the transfer being made under the Primary School Teachers (Transfer and Disciplinary Proceedings) Rules, 2002. 2. Several conceivable arguments have been made on how to resist the transfer being made basically for the purpose of ensuring that Primary School teachers are posted to man the Primary Schools. It is accepted that in Bihar today the Primary Schools virtually are sans their teachers. 3. Before the court attention has been drawn to the order of the Supreme Court on a Special Leave Petition which had been decided on 5 September 1997. But on perusing the order, learned counsel accepts that this matter has nothing to do with transfer and posting of Primary School teachers as the order itself records that it was examining the matter regarding preliminary examination to be conducted by the Bihar Public Service Commission. 4. The Court is not inclined to interfere with the rules framed for the purpose of aiding the State administration to give posting of Primary School teachers. The State is already having a bad name that the Primary Schools are otherwise in a bad shape and the phenomenon is that students go to schools but the teachers do not attend them. 5. Dismissed.