Prakash Lodhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 14275 MP

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                 ON THE 29 th OF AUGUST, 2023
                                                WRIT PETITION No. 21070 of 2023

                          BETWEEN:-
                          PRAKASH LODHI, S/O SHRI DASI LODHI, AGED ABOUT
                          41    YEARS, OCCUPATION: PRIMARY TEACHER
                          (PRATHMIK SHIKSHAK), POSTED AT PRESENT GOVT.
                          PRIMARY SCHOOL POTYA, TIKAMARH, DISTRICT
                          TIKAMGARH (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (BY SHRI DHARMENDRA PATEL - ADVOCATE)

                          AND
                          1.    STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY, SCHOOL EDUCATION
                                DEPARTMENT,     MANTRALAY,    VALLABH
                                BHAWAN, BHOPAL (MADHYA PRADESH)

                          2.    DIRECTOR PUBLIC INSTRUCTION, BHOPAL,
                                DISTRICT BHOPAL (MADHYA PRADESH)

                          3.    DISTRICT EDUCATION OFFICER, TIKAMGARH,
                                DISTRICT TIKAMGARH (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI V.P. TIWARI - GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, the Court passed the
                          following:
                                                            ORDER

The petitioner has filed this petition challenging the order of transfer dated 10.08.2023, whereby he has been transferred from Government Middle School Potya, District Tikamgarh to Government Primary School Para Ladwari, District Tikamgarh.

Signature Not Verified Signed by: BHARTI GADGE Signing time: 8/29/2023 4:05:38 PM

The single ground raised by the petitioner is that his son is a student of

Class - 11 th and at a crucial time of his career, the petitioner, if joined at the transferred place the studies of his son will be affected as the transfer has been done during the mid-session.

The petitioner has also filed the examination result of the High School

Certificate Examination Class - 10th to substantiate that his son Anil Singh

Lodhi has cleared Class - 10th Board with distinction and at present is pursuing

studies in Class - 11th.

It is pointed out that in Writ Appeal No.138/2023 (Manoj Puravia Vs. The State of M.P. and another), the Division Bench of this Court for similar

reason allowed the appeal and deferred to implement the order of transfer till further date. It is prayed that same order be passed in this case also.

In the case of Manoj Puravia (supra), the Division Bench has relied on the judgment of Hon'ble Supreme Court reported in 1994 Supp (2) SCC 666 (Director of School Education Vs. O. Karuppa Thevan) and deferred the order of transfer till further date. On the same principle, this petition is also disposed of looking to the fact that the son of petitioner is studying in Class

11th.

Counsel has given an undertaking that the petitioner would join at the

transferred place on or before 1st April, 2024, subject to filing an undertaking to this effect by the petitioner before the respondent No.3/District Education Officer, District Tikamgarh, within a period of three working days, the order of transfer dated 10.08.2023 shall stand deferred, to be implemented w.e.f. 01.04.2024.

With the aforesaid direction, this petition stands disposed of. Signature Not Verified Signed by: BHARTI GADGE Signing time: 8/29/2023 4:05:38 PM

Certified copy as per rules.

(NANDITA DUBEY) JUDGE sjk/b

Signature Not Verified Signed by: BHARTI GADGE Signing time: 8/29/2023 4:05:38 PM