Qualified primary teachers should be given the option of being absorbed in the upper primary division before the holding of transfer camps for surplus teachers, in accordance with the Government Resolutions.

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 distance learning in Dr. Babasaheb Ambedkar University. The petitioner no.2 also holds PTC and was appointed as Vidhya Sahayak on 06.02.2002. Since her husband is posted somewhere at Sajoi Primary School, she was transferred to the school where her husband was posted. She has completed five years as Vidhya Sahayak. It is her case that if the resolutions of the Government with regard to the policy of absorption of the teacher in the upper primary division and the transfer policy are properly interpreted, the petitioner would not be declared as surplus inasmuch as, once the petitioner no.1 is absorbed in a post vacant in the upper division in the same school, the petitioner no.2 would not be declared as surplus and she would be retained in the lower division.

SCA 15539 of 2020

4. The prayer in this petition is to permit the petitioner to avail the option and be posted in his home school rather than be posted outside in any other school during the general camp. The petitioner is a primary teacher declared as surplus. It is his case that he holds the requisite qualification and would therefore be entitled to be absorbed by virtue of the option camps held every year in April in upper primary division and therefore, in the successive general camp he could not be declared as surplus, had he the opportunity of exercising option by holding option camps earlier than the general camp.

SCA 15542 of 2020

5. The petitioners in this petition have prayed to hold and declare the action of the respondents to transfer them to merged schools being in violation of the guidelines passed by the respondent. The case of the petitioners is that they are primary teachers working in respective schools in Fatehpura in 2019. Keeping the number of students in mind, the respondent authorities decided to merge the schools. Lower number of students of one school would join school with more students. According to the petitioner, while merging school staff, they should be placed in the school of same Taluka. Had the petitioners the benefit of correct interpretation of the Government Resolutions, they should not be declared as surplus.

SCA 1032 of 2021 and SCA 212 of 2021

6. The petitioners have prayed for a direction to hold camps according to the notifications dated 23.05.2012 and 19.02.2014. It is their case that they are primary school teachers and they had lost their opportunity to be absorbed in their own school/pay centers/taluka in spite of vacancies available. Various notifications have been relied upon by the petitioners to submit that transfers of teachers of lower primary to upper primary section has to be conducted in April each year and if they are conducted before the general camp, they would be absorbed in their home schools on they being given the option to go from lower primar