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1990 Supreme(SC) 731

K.N.SINGH, K.RAMASWAMY
Shilpi Bose – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT:— Leave granted.

2. The appellants are lady teachers in Primary Schools in the State of Bihar. On their request they were transferred to places where their husbands were posted by the District Education Establishment Committee. Respondents Nos. 4 to 18 who were displaced by the appellants challenged the validity of the transfer orders before the High Court by means of a writ petition under Art. 226 of the Constitution. The High Court by its judgment and order dated 8-2-1989 set aside the transfer orders and directed the reposting of the respondents to the places from where they had been transferred.

3. After hearing learned counsel for the parties and having considered the facts and circumstances of the case, we are of the opinion that the High Court committed serious error in interfering with the transfer orders of primary school teachers. The High Court held that the District Education Establishment Committee had no jurisdiction to transfer the Primary School teachers on their request. We find no justification for this conclusion. There is no dispute that the District Education Establishment Committee is competent to transfer Primary School teachers from one place to the o






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