WP/27117/2019 of SANJEEV KUMAR SHARMA Vs THE STATE OF MADHYA PRADESH on 30 December 2019

Arguments

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THE HIGH COURT OF MADHYA PRADESHWP.27117.2019(Sanjeev Kumar Sharma Vs. State of M.P. and others)Gwalior Dt. 30/12/2019

Shri R.S. Dhakar, Advocate for the petitioner.

Shri Sushant Tiwari, Government Advocate, forrespondent/State.

IA.6467/2019 an application for urgent hearing duringwinter vacation is taken up, considered and allowed for thereasons mentioned therein.

The instant petition filed u/Art.226 of the Constitutionassails the order of transfer of petitioner who holds civil post ofteacher from Govt. Middle School, Khadit Bhind to Govt.Primary School Dale Ka Pura, Mehgaon, District Bhind onvarious grounds.

Learned counsel for rival parties are heard on the questionof admission.

Learned counsel for the petitioner has raised only twogrounds i.e. petitioner is a sole teacher at the present place andtherefore his relieving pursuant to the impugned order wouldrender the school at the present place non-functional andtherefore impugned transfer has not been issued in public interest.

(Bu)

DHANANJAY BUCHAKE 2019.12.31 18:04:53 +05'30'

2WP.27117.2019

The second being is that at the transferred place there are twoteachers working and thus there is no need for a third one.

This Court is afraid that the grounds raised cannot belooked into by this Court as they lie within the exclusive domainof the administration to decide as to which and how manyteachers is/are to be posted at a particular school.

Moreover, it is trite law in service jurisprudence thattransfer can be successfully challenged on very limited groundssuch as proven mala fide, or violation of any constitutional orstatutory provisions or issued by incompetent authority or visitingthe transferred employee with adverse affect to any of her/hisvested service rights.

None of the aforesaid legitimate grounds are available inthe present case for successfully challenging the transfer order.

In view of above, no interference is warranted in thispetition which stands dismissed as such sans cost.

(Sheel Nagu) Vacation Judge