In the present case, the Madhya Pradesh High Court Justice Sanjay Dwivedi held that authorities should be compassionate with the future of the students.
Facts of the case:
The petitioner, a teacher has filed a petition before High Court submitting that in the school where he is posted, the strength of enrolled students is 72 and the petitioner is the only teacher in that school. The Petitioner further submitted that if he is transferred then there will be no teacher in the school as nobody has been brought in place of the petitioner.
Court’s observation and Judgment:
The High Court held that on the one hand the Govt. is transferring its sole employee from a school having 72 enrolled students and on the other hand, neither anybody has been brought nor any alternative arrangement has been made. In such a situation, it is arduous to gather as to how the school would run in the absence of a sole teacher and who would take care of the students of that school. It appears that the impugned order has been issued by the authorities without applying its mind, which draws a presumption that the government authorities have no compassion with the future of the students and no concern with the educational system.
Hence, the impugned order prima facie appears to be illegal. The High Court has granted stayed to the operation of the impugned order dated 30.08.2021.
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