Smt. Aruna Kumari Mishra vs The State of Bihar and others

S.B. Sinha and G.C. Bharuka, JJ.—This application is directed against an order dated 6.8.1991 whereby the respondent No. 2 rejected the representation of the petitioner for her transfer to a place where her husband is posted on the ground that Headmaster/Head Mistress posted in a project school cannot be posted in a taken over school. The fact of the matter lies in a very narrow compass.

An advertisement was issued in the year 1986 for filling up of the posts of Headmistresses and Headmasters. Pursuant to the said advertisement, the petitioner applied and was appointed in the Project Girl''s High School, Sikandara, by an order dated 2.10.1988. Thereafter the petitioner filed an application for her transfer to Shri Durga Balika Uchcha Vidhalaya Naya Bazar, Lakhisarai as she had been facing difficulties in managing her family including her children due to the posting of her husband at a distant place. Her representation dated 4 8.1990 is contained in Annexure-5 to the writ application.

According to the petitioner, her representation was not considered by the respondent No. 2 on the ground that the cadre of the Head master/Head mistress in the project Schools and Nationalised Schools are separate ones.

According to the petitioner pursuant to the aforementioned advertisement, she applied for the post of Headmaster/Headmistress in a taken over secondary school but later on, on the recommendations of the Vidyalaya Seva Board the Government decided to fill up the post of Headmaster/Headmistress in the Project Schools.

Mr. Jha, Learned Counsel appearing on behalf of the petitioner submitted that as the petitioner had applied for her appointment in a Nationalised School, her representation for her transfer to such a school cannot be rejected only on the ground that she had been appointed as a Headmistress in a Project School.

It it not disputed at the bar that the State of Bihar manages various types of schools, Nationalised Secondary Schools are those, the management whereof had been taken over by the State of Bihar under the provisions of Bihar Non-Government Secondary Schools (Taking over of management and Control Act) 1981. The conditions of service of such teachers are governed by rules framed u/s 15 of the aforementioned Act known as Bihar Nationalised High Schools (Conditions of Service) Rules, 1983.

So far as the Project Schools are concerned, they are inter alia established by the villagers and later on selected as Project Schools pursuant to the Policy decisions adopted in this behalf by the State of Bihar from time to time.

It is true that in one of such circular letters bearing No. 705 dated 12th October, 1982, it has been stated that so far as Project Schools are concerned, for the purpose of their management they will be on the same category as the Nationalised High Schools; but the same in our opinion, does not make the teaching staff of both nationalised schools and project schools borne in the same cadre.

It is now well known that ''cadre'' means strength of staff in a particular service.

Rule 2(8) of 1983 Rule defines teachers to mean a person engaged in teaching job in a Nationlised Secondary Schools. Chapter III of the said Rules provide for different categories of teachers in the Nationalised Schools.

Rule 6 provides for the cadre of different type of teachers and their respective controlling authorities.

It may be true that petitioner had filed an application for her appointment in a Nationalised School but as she had accepted her appointment in a Project School, her services are borne in the cadre of Headmistress of the Project School and not in the Nationalised Schools. So far as Project Schools and the Nationalised Schools are concerned, separate gradation list are maintained. The teachers of the Project School are governed by separate set of rules and different conditions of service. It is not nor could it be the case of the petitioner that there exists any statutory rule whereby the cadres of Headmasters of Nationalised schools and that of Project School have been directed to be merged and a joint gradation list has been prepared.

It is, thus clear that the cadre of teachers of Nationalised Schools and the Project Schools is not and cannot be the same. In that view of the matter, the petitioner cannot be transferred to a Nationalised School.

For the reasons aforementioned, it must be held that the petitioner is not entitled to her transfer to a Nationalised School. This application is, therefore, dismissed but without any order as to costs.