WP/23509/2017 of GIRDHARILAL RAJORIYA Vs THE STATE OF MADHYA PRADESH on 28 December 2017

O R D E R

THE petitioner has filed the present petitionbeing aggrieved by order dated 13.12.2017 by which he hasbeen treated surplus and transferred to Middle SchoolHarangaon, District Shajapur from Middle School, Berchha,District Shajapur.

[2]Being aggrieved by the transfer order, thepetitioner has already preferred an appeal to the Collectorfor cancellation of his transfer. According to the petitionerhe has wrongly been transferred under the Policy ofrationalization. The Policy of rationalization has beenframed under Sections 19 and 25 of the Right of Children toFree and Compulsory Education Act, 2009. He has drawnattention of this Court to the Schedule appended to the Actunder which in school of Class VIth and VIIIth if thestudents are more than 100 then there is requirement ofposting of full time Head Master. According to thepetitioner the school where he has been transferred thestudents are less then 100, therefore, his transfer is notwarranted.

[3]The petitioner has been transferred under thePolicy of rationalization issued vide Circular dated11.04.2017. The petitioner is having an alternate remedy offiling appeal and disposal of the grievances. Clause-8 of theCircular dated 11.04.2017 is reproduced below :- **¼8½ vihy ,oa fujkdj.k%&

;qfDr;qDrdj.k ds fy;s fu/kkZfjr bl uhfr dsfdlh izko/kku dk ikyu ugha djrs gq;s ;fn ;qfDr;qDrdj.kdh dk;Zokgh dh xbZ gS rks ftyk varxZr inLFkkiuk ds fo:)vihy ftyk dysDVj dks izLrqr dh tk;sxh rFkk ftys dsizHkkjh ea=h ds vuqeksnu ls bldk fujkdj.k fd;k tk;sxkAuhfr esa mYysf[kr izko/kku ls i`Fkd fdlh fcUnq dks ysdj ;fnvihy dh tkrh gS rks bl izdkj dh vihy ij fopkj ughafd;k tk;sxkA**

[4]Since the petitioner has already preferred anappeal before the appellate authority, therefore, the presentpetition is disposed of with the direction to the appellateauthority to decide the appeal in accordance with law.Counsel for the petitioner submits that the petitioner has notbeen relieved so far from the place of transfer. If that be so,by way of interim relief he shall not be relieved till thedecision of the appeal.

Cc as per rules.

[ VIVEK RUSIA ] VAC. JUDGE

(AKS)