Smt. Mamta Bhatt vs The State Of Madhya Pradesh
2022 Latest Caselaw 150 MP

The High Court Of Madhya Pradesh, Bench At Indore

                          W.P. No.28574/2021
                   (Smt.Mamta Bhatt Vs. State of MP)               1


INDORE; DATED - 04/01/2022
      Ms.Seema Sharma, learned counsel for the applicant.
      Shri P.Kibe, learned counsel for the respondent/State.
      With the consent, heard finally.
                                ORDER

This is second round of litigation challenging the order of transfer dated 23.11.2021 by which the representation of the petitioner against the transfer order has been rejected. The previous petition was disposed off by this court with a direction to the petitioner to submit the fresh representation alongwith all the relevant documents within a period of one week before the respondent no.4 and the respondent no.4 was directed to decide the same by passing a reasoned and speaking order after giving opportunity of hearing to the concerned person in accordance with law within the period of four weeks from the date of receipt of certified copy of the order.

2. The case of the petitioner is that the petitioner has been transferred from the present place of posting i.e. Government Girls H.S School Thandla to Government Middle School, Mathmat Division Petlawad contrary to the transfer policy.

3. The petitioner is posted at the present place of posting since 2013. The respondents have passed the detailed order and stated that considering the administrative exigency, the petitioner has been transferred from the present place of posting. It is stated that at Middle School, Mathmat there are 119 students and only one teacher is available, whereas, in Government Girls HS School, Thandla total students are 337 in class 9th and 10th and nine teachers are posted. It is further stated that for the subject Sanskrit alternative arrangement has been made by providing teacher for imparting education in Sanskrit. For the aforesaid reason, the order of transfer has been passed.

The High Court Of Madhya Pradesh, Bench At Indore

W.P. No.28574/2021

4. The respondents have also stated that the transfer order has been issued in accordance with transfer policy after obtaining approval from the Incharge of Hon'ble Ministry of the Department.

5. Learned counsel for the petitioner submits that the transfer order would case personal hardship to her. The same cannot be a ground for interfering with the transfer order.

6. Law relating to scope of interference in the transfer matter is no longer res integra, as held by the Supreme Court in the cases of Gujrat Electricity Board and another vs. Atmaram Sungomal Poshani, (1989) 2 SCC 602; Union of India and others vs. S.L. Abbas, AIR 1993 SC 2444 and the judgment passed by a Division Bench of this Court in the case of R.S. Choudhary vs. State of M.P. and others, 2007(2) ILR MP Series 1329, the transfer is an incidence of service and the transfer order can only be interfered by the Courts of law if the transfer is issued in violation of the statutory rules or the order suffers from malafide exercise of power.

7. Since the respondents have passed a detailed order rejecting the representation of the petitioner, I am not inclined to interfere with the administrative matter.

8. The petitioner has failed to make out any case warranting interference under Article 226 of the Constitution of India. In the instant petition, the petitioner could not establish any breach of statutory rule or a case of malafide. Hence, the writ petition being devoid of merit is dismissed.

(Vijay Kumar Shukla) Judge sourabh

Digitally signed by SOURABH YADAV Date: 2022.01.05 15:37:11 +05'30'