1. This is an application under Articles 226 and 227 of the Constitution of India for issuance of writs it the nature of certiorari and mandamus quashing the orders contained in Annexures 1 and 6 passed by the Municipal Education Officer of Chakradharpur transferring the petitioners from one school to the other on posts alleged to be inferior to those held by them.

2. The first petitioner was, on the date of the order aforesaid, Head Master in Shoundik Dhararnsala Middle School at Chakradharpur, and the second, the Head Master in Dandasai Urdu Middle School, Chakradharpur. Both these Schools are said to be under the management and control of Chakradhapur Municipality. The first petitioner says that he passed the Matriculation examination in the year 1953, Madhyama examination of Hindi Vishwa Vidyalaya, Prayag, in the year 1954, and the Teachers, Training Examination in the year 1968. He also underwent training in the Teachers Training School at Chiri in the District of Ranchi. The second petitioner claims to have passed the Final School Examination (equivalent to Matriculation) from the Board of Secondary Education, West Bengal, in the year 1952. He also attended the Teachers training course for six months in the year 1968 and claims to have passed the I. A. examination in the year 1973 from the Ranchi University. The first petitioner was appointed an Assistant Teacher in the Town Middle School, Chakradharpur, which was taken over by the Municipality in 1962 and named as Adarsh Madhyamik Vidyalaya. He was subsequently promoted to the post of Head Master of that school with effect from the 1st August, 1959. Thereafter, he joined the present school as the Head Master on his being transferred thereto by the Municipality. The second petitioner was appointed an Assistant Teacher in a Maktab at Potka within Chakradharpur Block. Later, he was appointed by the Municipality of Chakradharpur as an Assistant Teacher in the Urdu Town L. P. School. Thereafter, he was transferred as Head Master to the present school. This school was upgraded as Upper Primary School and thereafter as a Middle School with effect from the 24th February, 1972 provisionally and then permanently since the 2nd November, 1973. While these two petitioners were working in the two schools aforesaid and occupied the posts of Head Master, they received an order (Annexure 1) by which they were transferred to other schools mentioned against their names. It appears that petitioner No. 1 was transferred from Shoundik to Adarsha Madhyamik Vidyalaya, Chakradbarpur, where he had once before worked, to the post which had fallen vacant on account of the promotion of one Chintamani Mahto. The second petitioner was transferred from Dandasai Urdu Middle School to Urdu Town School at Chakradharpur to the post which had fallen vacant on account of the promotion of one Maulvi Rashid.

3. The petitioners are aggrieved by this order because they were holding the post of Head Master in the two schools and they have been transferred to other schools to posts which had fallen vacant which, it is said, are posts of assistant teachers. Their grievance, thus, is that they have been reduced in rank as a result of this transfer. Their further case is that no notice was given to them respect of this order of reduction in rank.

4. A counter-affidavit has been filed on behalf of respondent No. 1 in which it has been stated that the two petitioners were teachers appointed under Extension Improvement Programme of the Education Department and as a result of take over, by Government of the Primary Education since the 1st January, 1971, they became Government servants. It is denied that the schools are under the management of the Chakradharpur Municipality. It is, however, stated that the Municipality had appointed the petitioners in an irresponsible manner to the posts of Head Masters in the Middle Schools and, hence, the Sub-Divisional Education Officer cum Municipal Education Officer, has rev