Md. Mukhtar Alam and Others vs The State of Bihar and Others

This petition has been filed as a public interest litigation by seven Primary School teachers resisting the transfer being made under the Primary School Teachers (Transfer and Disciplinary Proceedings) Rules, 2000.

Several conceivable arguments he made on how to resist the transfer made basically for the purpose of regarding that Primary School teachers are posted to man the Primary Schools. It is selected that in Bihar today the Primary School virtually are sans their teachers.

Before the Court attention has been drawn to the order of the Supreme Court in a SLP which had decided on 5 September 1997. But on perusing the order, learned Counsel accepts that this matter has nothing to do transfer and posting of Primary School Teachers as the order itself records that it examining the matter regarding preliminary examination to be conducted by Bihar Public Service Commission.

The Court is not inclined to interest with the rules framed for the purposing the State administration to give regarding of Primary School teachers. The shape is already having a bad name that Primary Schools are otherwise in a bad shape and the phenomenon is that students go to schools but the teachers do not end them.

Dismissed.