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2022 Supreme(Guj) 525

BIREN VAISHNAV
Vinodkumar Lebajibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioners: Mr. B.M. Mangukiya, Ms. Bela A. Prajapati, Mr. Harshrajsinh Vaghela.
For the Respondents: Ms. Surbhi Bhati, AGP, Mr. Kurven Desai, AGP, Mr. Krutik Parikh, AGP, Mr. H.S. Munshaw.

JUDGMENT :

1. All these petitions under Article 226 of the Constitution of India are filed by primary teachers aggrieved by their orders of transfer on being declared as surplus. It is their case that before holding surplus camps for transfer, option camps as provided in the Government Resolutions from time to time be held so as to accommodate them in upper primary sections within the same school and/or local pay centers rather than declare them as surplus and send them out from the schools in which they were discharging their duties.

2. All these petitions were heard together. However, facts of each petition in brief are as under:

SCA 15537 of 2020

3. The petitioner no.1 is aggrieved by the action of the respondent of not absorbing him in the upper division of the primary section in the same school whereas, the petitioner no.2 is aggrieved by the action of the respondents declaring her as surplus in the lower division. The petitioner no.1 after having passed 10th and 12th standard, holds PTC degree. He was appointed as a Vidhya Sahayak on 04.12.1998 and thereafter, absorbed as a Primary Teacher. He also holds the qualification of Bachelor of Arts after undergoing the course through di

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