IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15085 of 2010 Baidya Nath Yadav, Son of Late Tholai Yadav, resident of Quarter No.1, Government Ambedkar Girls Residential High School Campus, Gaighat, P.O.-Gulzarbag, P.S.-Alamganj, Patna-800007. –Petitioner. VERSUS 1. The State of Bihar. 2. The Secretary, Scheduled Caste and Scheduled Tribes Welfare Department, Government of Bihar having its Office at Old Secretariat, Patna. 3. The Secretary, Backward and Most Backward Class Welfare Department, Government of Bihar, Patna. 4. The Director, Scheduled Caste and Scheduled Tribes Welfare Department, Government of Bihar having its Office at Old Secretariat, Patna. 5. The Deputy Director, Scheduled Caste and Scheduled Tribes Welfare Department, Government of Bihar, Patna. 6. The District Welfare Officer, Patna. 7. The Headmaster, Government Residential O.B.C. Girls High School, Patliputra, Patna. –Respondents. ----------- For the Petitioner : Mr. Gyan Prakash, Adv. For the State : Mr. Anil Kumar Jha, G.A.-2. Mr. Uday Bhan Singh, A.C. to G.A.-2. ------------- 02 27.10.2010 The petitioner is a teacher in Geography, which is a Social Science and, is posed at Other Backward Class Girls Residential School, Patliputra, Patna. He challenges his order of transfer under Notification No.1876 dated 05.07.2010, which is modified by Notification No.1884 of the same day passed by the Office of the Directorate of Scheduled Caste and Scheduled Tribes Welfare Department, Government of Bihar, Patna. Apart from others the primal challenge is on the ground that after the State Government decision, as notified on 02.12.2009, as contained in Annexure-1, the control over the teachers of the notified 12 schools were transferred to the Backward Class and Most Backward Class Welfare Department with immediate effect and that being so the impugned transfer orders are wholly without jurisdiction. - 2 - I have perused the impugned notification which in no uncertain terms says that Scheduled Caste and Scheduled Tribes Development Directorate would have no jurisdiction in the matter of transfer of teachers in the aforesaid 12 schools which includes petitioner’s school. In the counter affidavit, as filed by the State, it is stated that the notification has been issued by the State Government. Till the time, the transfer notification was issued in the month of July, 2010, there was no bifurcation of teachers done and, as such, the Scheduled Caste and Scheduled Tribes Directorate continues to exercise the power. In my view, the plea is misconceived. The notification does not contemplate any bifurcation or division of cadre, much less, working it out, which clearly provides that the control of the teachers of the notified schools would now vest in the Backward Class and Most Backward Class Development Department and would be taken out of the Scheduled Caste and Schedules Tribes Welfare Directorate. The notification itself, if I may say so, bifurcate everything. That being so, the notifications in relation to transfer of petitioner, who is undoubtedly a teacher at Other Backward Class Girls Residential High School, Patliputra, Patna, is wholly without jurisdiction. It has been made by a person not authorized to do so. So far as petitioner is concerned, it is accordingly quashed. It shall not be given effect to. The writ petition, thus, stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)