IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12111 of 2008 Abinash Kumar Bachhajee, aged about 42 years, son of Shri Rama Prasad Singh, resident of Mohalla Golakpur, Mahendru, P.O. Mahendru, P.S. Pirbahore, District Patna………………………Petitioner Versus 1. The State Of Bihar through the Principal Secretary-cum-Commissioner, Department of Human Resources Development, Government of Bihar, Bihar. 2. The Director, Secondary Education, Government of Bihar, Patna……………………………………………………Respondents With Civil Writ Jurisdiction Case No.12265 of 2008 Prakash Kumar, son of Shri Siya Ram Sah, resident of Prabhu Thakur, P.O. Rosera, P.S. Rosera, District Samastipur, at present residing at C/O Shri R.P. Nayak (adv), Rose Bud School Lane, North S.K.Puri, P.O. P.S. S.K. Puri, District Patna………………………………………………………………………………………Petitioner Versus 1. The State Of Bihar through the Principal Secretary-cum-Commissioner, Department of Human Resources Development, Government of Bihar, Bihar. 2. The Director, Secondary Education, Government of Bihar, Patna…………………………………………………Respondents With Civil Writ Jurisdiction Case No.12275 of 2008 Archana Prasad, wife of Ram Narain Gupta, resident of at & Village Daud Chapra, P.O. : P.S. Meenapur, District Muzaffarpur at present residing at C/o Amit Pustak Bhavan, Khajanchi Road, P.S. Pirbahore, District Patna………Petitioner Versus 1. The State Of Bihar through the Principal Secretary-cum-Commissioner, Department of Human Resources Development, Government of Bihar, Bihar. 2. The Director, Secondary Education, Government of Bihar, Patna………………………………………………………Respondents With Civil Writ Jurisdiction Case No.12371 of 2008 Smt. Sanjula Sinha, wife of R.C. Nangla, resident of Pragati Niwas at Pragati Enclve, P.O. Doranda, P.S. Doranda, District Ranchi at present residing at C/o late R. Prasad, Anand Niketan, Sheopur Marg, Mahendru, P.S. Pirbahore, District Patna………………………………………………………………………………..Petitioner Versus 1. The State Of Bihar through the Principal 2 Secretary-cum-Commissioner, Department of Human Resources Development, Government of Bihar, Bihar. 2. The Director, Secondary Education, Government of Bihar, Patna…………………………………………..Respondents With Civil Writ Jurisdiction Case No.12388 of 2008 Satyadhir Sinha, son of Shri S.N. Sinha, resident of Village of Adhpa, P.O. Shorampur, P.S. Janipur, District Patna at present residing at Vidya Niwas, Road No.1 Mourya Vihar, P.O. Khagaul, P.S. Phulwari Sharif, Khagaul, District Patna ……………………………………………………………………………….Petitioner Versus 1. The State Of Bihar through the Principal Secretary-cum-Commissioner, Department of Human Resources Development, Government of Bihar, Bihar. 2. The Director, Secondary Education, Government of Bihar, Patna……………………………………………………Respondents With Civil Writ Jurisdiction Case No.12389 of 2008 Vimal Kumar Singh, son of late Keso Narayan Singh, resident of Keshav Kunj, Salimpur Ahra, Lane No.2, P.O. Kadamkuan, P.S. Gandhi Maidan, District Patna-3……………………………………………………Petitioner Versus 1. The State Of Bihar through the Principal Secretary-cum-Commissioner, Department of Human Resources Development, Government of Bihar, Bihar. 2. The Director, Secondary Education, Government of Bihar, Patna…………………………………………………Respondents With Civil Writ Jurisdiction Case No.12134 of 2008 Manojeet Kumar, son of Shri Rajeshwar Pd. Sinha, resident of Musallpur Ram Niwas Bhawan, P.O. Mahendru, P.S. Kadamkuan, District Patna……………………………………………………………………..………………Petitioner Versus 1. The State Of Bihar through the Principal Secretary-cum-Commissioner, Department of Human Resources Development, Government of Bihar, Bihar. 2. The Director, Secondary Education, Government of Bihar, Patna…………………………………………….……Respondents With Civil Writ Jurisdiction Case No.12136 of 2008 Ajendra Anal, son of Shri Kandhji Sahay, resident of C/o “Ratna Kedar”, B-26 Vijay Nagar, P.O. Lohianagar, P.S. Kankarbagh, District Patna……………………………………………………………………..…..Petitioner 3 Versus 1. The State Of Bihar through the Principal Secretary-cum-Commissioner, Department of Human Resources Development, Government of Bihar, Bihar. 2. The Director, Secondary Education, Government of Bihar, Patna…………………………………………….………Respondents *** For Petitioners: Mr. Amaresh Kumar Sinha, Advocate (in all cases) For State: Mr. Ajay Kumar Sharma, A.C. to A.A.G. No. 1 and Ms. Juhi Kumari, A.C. to A.A.G. 13 4 14.11.2011 Heard learned counsel for the petitioners as well as learned counsel for the State. Petitioners are teachers of different trades of vocational course. Their grievance is that they were being transferred to the schools where vocational teaching is not imparted and in that way they were not in a position to render their services to the benefits of the students. This Court, by order dated 21.08.2008, held that assurance given on the floor of the Assembly with regard to their postings in schools imparting vocational teaching could not be a ground for issue of any mandamus. Hence their grievance, so far as their transfer was concerned, was negatived and these writ petitions were dismissed. However, this Court directed the 4 respondents to file a counter affidavit with regard to imparting of vocational education in different schools contrary to N.C.E.R.T. Guidelines. If the teachers have knowledge and experience of imparting vocational teaching of different trades, it is always beneficial and in public interest to post them at schools where their services can be best utilized. Likewise, it is also in public interest that vocational course should be started as per N.C.E.R.T. Guidelines in schools where it can attract students. This should draw attention of the authorities of the Department so that appointment of the petitioners and their continuance in services may not be a futile exercise and their services may be best utilized. The writ applications are disposed of with a direction to the concerned authorities of the Department to look into the matter and take a policy decision in this regard at the earliest if they so consider appropriate. BT (J. N. Singh, J.)