Tarun Giri Goswami vs The State Of Madhya Pradesh
2021 Latest Caselaw 6192 MP

                                  1                                 WA-863-2021
        The High Court Of Madhya Pradesh
                    WA-863-2021
         (TARUN GIRI GOSWAMI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 29-09-2021
      Heard through Video Conferencing.

      Shri Sanjay Sharma, learned counsel for the appellant.
      Shri Bramhadatt Singh, learned Government Advocate for the
respondents/State.

This appeal is directed against the judgement of learned Single Judge

dated 13.9.2021 by which the writ petition filed by the appellant against the order of his transfer dated 29.8.2021 has been dismissed.

The appellant has been transferred by the aforesaid order from Government Higher Secondary School Chimnakhari District Seoni to Government Higher Secondary School Khapa Bazar, District Seoni, which is only 50 km away from the earlier school.

Contention of learned counsel for the appellant is that the appellant is working on the said school since 2008 and the children of that school are very comfortable with him and that there are only 5 teachers in the said school

having strength of 393. After the transfer of the appellant, no new teacher has been posted in the subject of social science and there is only one post sanctioned for Social Science, therefore, the learned Single Judge has erred in not entertaining the writ petition. Learned counsel referred the Section 25 of the Right to Children to Free and Compulsory Education Act 2009 to argue that the respondents are under obligation to maintain the adequate teacher pupil ratio.

Shri Bramhadatt Singh, learned Government Advocate submitted that it is on account of certain technical glitch in the portal that individual transfer order was issued but transfer order in respect to other school shall also immediately thereafter be issued. The appellant will be replaced by new teacher of the subject of Social Science in Government Higher Secondary School Chimnakhari and in any case for the time being services of Guest 2 WA-863-2021 Teacher would be availed to teach the students.

After having heard learned counsel for the parties, we find that the learned Single Judge has rightly not interfered in the order of transfer as the appellant has remained posted in the same school for past 13 years and therefore has been shifted to another school at a short distance of 50 km.

The respondents shall however take care of the students of the Government Higher Secondary School Chimnakhari by posting another teacher of Social Science, if not so posted there. It is trite that the order of transfer can be interfered with only if it is shown to have been passed on the basis of some proven allegation of malafide or in breach of any statutory rules. The appellant having already work at the old place for 13 years, this Court would not be justified to interfere with the order of the transfer. In any case, the learned Single Judge has yet granted liberty to the petitioner to file fresh representation to the respondent No.3 with the direction to the respondent No.3 to decide such representation within a period of 15 days. We therefore do not find any infirmity in the impugned judgment. No merit in this appeal. Accordingly, this writ appeal is dismissed.

            (MOHAMMAD RAFIQ)                           (VIJAY KUMAR SHUKLA)
             CHIEF JUSTICE                                        JUDGE


  SKM

Digitally signed by
SANTOSH MASSEY
Date: 2021.09.30
13:26:31 +05'30'