IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 5832 of 2010 1. TAPESHWAR SINGH S/O SRI RAGHUNANDAN SINGH R/O VILL DASRATH BIGHA, P.O.RAFIGANJ, P.S.RAFIGANJ, DISTT-AURANGABAD 2. MUNILAL PRASAD SINGH S/O MUDRIKA SINGH R/O VILL JUDI BIGHA, P.O.KOCHAHASA, P.S.KINJAR, DISTT-ARWAL Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR , SECONDARY EDUCATION , SECONDARY EDUCATION OFFICE PATNA 3. THE DISTRICT MAGISTRATE GAYA, BIHAR 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION MAGADH DIVISION, GAYA 5. THE DISTRICT EDUCATION OFFICER GAYA ----------- 2 14.07.2010 The petitioners are aggrieved by order as communicated under Memo No 1079 dated 20.03.2009 of the District Magistrate –cum- Collector, Gaya. By the said order, he has held that in course of 2009 Intermediate Examination, petitioners were found responsible for dereliction of duty. He has, thus, ordered that in no future examination, petitioners shall be associated in examination work. He has further directed the Centre Superintendent and Principal to keep a watch on the conduct of the petitioners and take action if they are found guilty of any dereliction of duty directly or indirectly. The last direction is that recommendation may be made for their transfer on administrative grounds. It is a matter which is not denied that till date, no transfer order has been made. Mr Tej Bahadur Singh, learned Senior Counsel for the petitioners submits that the order has been issued without hearing the petitioners and, as such, must be set aside. I am not inclined to interfere inasmuch as the order is clearly in aid of better education. Petitioners, even though Teachers, have no indispensable right to participate in examination process. In relation to the last part of the order about transfer, Mr Singh, learned Senior Counsel 2 submits that neither the Collector has any jurisdiction in the matter nor is transfer permissible under the amended provisions of the Rules so far as Teachers are concerned. In my view, interference would be premature because no transfer order has yet been passed. At best, a recommendation has been made but the same has not been acted upon. As and when and if order is passed, petitioners would be at a liberty to challenge the same in accordance with law. With the aforesaid observation, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)