1990 (11) TMI 422 - SC - Indian Laws

Summary

Issues:
1. Validity of transfer orders issued by the District Education Establishment Committee to lady teachers in Primary Schools in Bihar.
2. Jurisdiction of the District Education Establishment Committee to transfer teachers on their request.
3. Challenge to transfer orders on the grounds of public interest and administrative reasons.
4. Authority of the competent authority to issue transfer orders in public interest.

Detailed Analysis:
The Supreme Court addressed the issue of the validity of transfer orders issued by the District Education Establishment Committee to lady teachers in Primary Schools in Bihar. The High Court had set aside the transfer orders and directed the reposting of the displaced teachers to their original places. The Supreme Court found that the High Court erred in interfering with the transfer orders, emphasizing that the District Education Establishment Committee had the jurisdiction to transfer teachers, even if the transfers were made on the teachers' requests. The Court highlighted that the Director of Primary Education had issued reasonable directions to accommodate lady teachers at requested places to avoid hardship, which the Committee followed in transferring the appellants.

The Court further analyzed the challenge to the transfer orders based on public interest and administrative reasons. It emphasized that government servants holding transferable posts have no vested right to remain at one place and are liable to be transferred. The Court stated that transfer orders made in public interest and for administrative reasons should not be interfered with by the Courts unless there is a violation of mandatory statutory rules or malafide intent. The Court cautioned against judicial interference in day-to-day transfer orders, highlighting that such interference could lead to chaos in the administration and not be conducive to public interest.

Ultimately, the Supreme Court allowed the appeal, set aside the High Court's order, and dismissed the petition filed by the displaced teachers. The Court directed the appellants to be posted to the places to which they had been transferred under the challenged orders, emphasizing that there would be no costs awarded in the matter. The judgment reinforced the principle that transfer orders made by competent authorities in public interest should not be lightly interfered with by the Courts, unless there are clear violations of legal rights or malafide intentions.