IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 12014 of 2010 1. RAMESHWAR RAM S/O LATE MEGHAN RAM R/O VILL. - HARPUR, POST- GIDHA, P.S. - SARAIYAN, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY-CUM-COMMISSIONER SCHEDULE CASTE AND SCHEDULE TRIBES, WELFARE DEPARTMENT, GOVERNMENT OF BIHAR, HAVING ITS OFFICE AT OLD SECRETARIAT, PATNA 3. THE DIRECTOR, SCHEDULE CASTE AND SCHEDULE TRIBES, WELFARE DEPARTMENT GOVERNMENT OF BIHAR, HAVING ITS OFFICE AT OLD SECRETARIAT, PATNA 4. THE DISTRICT WELFARE OFFICER, VAISHALI 5. THE HEAD MISTRESS, GOVERNMENT RESIDENTIAL GIRLS HIGH SCHOOL DIGHI, HAZIPUR, VAISHALI *** For the petitioner : M/s Rajendra Narain, Gyan Prakash, Adv For the S t a t e : Mr Prashant Kashyap, AC to AAG 4 *** 5 29.10.2010 The petitioner is a Teacher in Baba Saheb Bhim Rao Ambedkar Government Girls Residential High School, Dighi, Hajipur. He is a Teacher in Economics and has been transferred to Madhubani in a similar School by notification dated 05.07.2010. He challenges the same, inter alia, on the ground that though the Government policy decision is that normally a person would not be transferred before completing the tenure period of three years, he has been transferred in just over two years. Secondly, he contends that his wife is also in Government service in Saraiya, District –Muzaffarpur which is close by. Thirdly, he submits that these transfers have ostensibly been made on ground of rationalising the Teacher available in School meaning otherwise that wherever there is multiplicity of Teachers in a Subject, they are being transferred. He 2 points out that so far as his existing School is concerned, upon his transfer, there would be no Economics Teacher left whereas the School, in which he is being transferred, already has two Teachers in Social Science faculty. To this, the learned counsel for the State, with reference to the counter affidavit, points out that Social Science is the faculty and the decision is that rationalisation has to be done facultywise. To say the least, the Court is amused. Once there are Teachers of different Subjects like Economics, Geography, History, Philosophy which are all under the faculty of Social Science, it is irrational to say that the determinative would be the faculty and not the Subject. If what is said by the Government is to be accepted then what would be expected is that a Teacher in Economics would be required to teach Philosophy, Geography, History or all. That, on the face of it, is absurd. The Court is surprised that in the Education Department, such illiterate decisions are taken. Thus, the basis of this policy decision effect transfer cannot be sustained. If the fact, as disclosed by the petitioner that upon his transfer, there will be no Economics Teacher left at Dighi and there would be three Economics Teachers at Madhubani is correct, the transfer cannot be sustained. In that view of the matter, the order of transfer, as notified on 05.07.2010 in so far as petitioner is concerned, is stayed. Petitioner is directed to represent before the Secretary, Department of Scheduled Castes and Scheduled Tribes Welfare within two weeks from today and upon such representation, the Secretary would consider the matter and pass appropriate orders keeping in view the facts, as noted above. Upon 3 representation being filed, the learned Secretary would take a decision within two weeks. In case no representation is filed within the time as prescribed above, the order of stay shall stand revoked. It is expected that once the representation is disposed of, petitioner would be paid his remuneration in accordance with law. Before parting, I may also point out that in the transfer order, there are instances where Teachers have been transferred in their home district which is not policy of the Government. It is then also not pointed out that in immediate subsequent notification, Teachers have been reposted in the same School in large number. These are all matters of grave concern which the Secretary would look into and reconsider. With these observations, the writ application is disposed of. M.E.H./ (Navaniti Prasad Singh)