1990 (11) TMI 413 - SC - Indian Laws

Summary

Issues:
Validity of transfer orders issued to lady teachers in Primary Schools in Bihar on their request challenged by displaced teachers before the High Court under Article 226 of the Constitution.

Analysis:

The Supreme Court, comprising K Singh and K Ramaswamy, JJ., granted leave in a case where lady teachers in Primary Schools in Bihar were transferred to places where their husbands were posted upon their request. The transfer orders were challenged by displaced teachers before the High Court under Article 226 of the Constitution. The High Court set aside the transfer orders and directed the reposting of the displaced teachers to their previous locations.

Upon considering the facts and circumstances of the case, the Supreme Court found that the High Court erred in interfering with the transfer orders issued by the District Education Establishment Committee. The Court held that the Committee had the jurisdiction to transfer Primary School teachers, even upon their request. The Director of Primary Education had issued directions to accommodate lady teachers to avoid hardship, which the Committee followed in transferring the appellants. The Court emphasized that the High Court's reasoning for declaring the transfer orders invalid was unfounded.

The Supreme Court further stated that Courts should not interfere with transfer orders made in public interest and for administrative reasons unless there is a violation of mandatory statutory rules or malafide intentions. Government servants holding transferable posts do not have a vested right to remain at a specific location and are liable to be transferred. Even if a transfer order violates executive instructions, the Courts should not intervene, and the affected party should seek recourse through higher authorities. The Court warned against excessive judicial interference in day-to-day transfer orders, as it could lead to administrative chaos.

Consequently, the Supreme Court allowed the appeal, overturned the High Court's order, and dismissed the petition filed by the displaced teachers. The appellants were directed to be posted at the places to which they had been transferred under the challenged orders, with no costs imposed on any party.