Vidyasahayaks appointed for a period of ten years cannot claim transfer within the district based on the Taluka's bifurcation and are bound by the conditions in their appointment orders and resolutions.

ORDER :

1. Draft amendment tendered by Mr. Gaurav Chudasama is allowed. Draft amendment to be carried out forthwith.

2. The present petition has been filed seeking following prayers :-

“16.A. This petition be admitted and allowed.

B. Your Lordships be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction to direct the respondents to allow the present petitioners to go back into their original Taluka i.e. Khedbrahma by way of Intra District Transfer which is held as per the provisions of the transfer rules Dt. 01.04.2022.

C. Your Lordships may be pleased to direct the respondents to modify the new transfer rules Dt. 01.04.2022 and after doing the same the present petitioners may be given benefit of Taluka Transfer i.e. Intra District Transfer.”

3. The petitioners are praying to go back to the original Taluka: Khedbrahma by way of intra district transfer, which is held as per the provisions of the Transfer Rules Dated 01.04.2022. The petitioners want to go from one Taluka to another Taluka that is from Taluka Poshina where they are presently working to Taluka: Khedbramha where their initial appointment was made for ten years in view of the Policy dated 01.04.2022, which does not provide anywhere that the teachers can claim their transfer from one Taluka to another Taluka, to such teachers as the petitioners.

4. Learned advocate Mr. Chudasama has submitted that initially the petitioners were appointed in District-Sabarkantha at Taluka: Khedbrahma by order dated 1.11.2014 for a period of ten years, and thereafter, in the year 2018, Taluka: Khedbrahma was bifurcated and another Taluka: Poshina was formed by the State Government. It is submitted that the petitioners were regularized, when they were working at Poshina Taluka, and accordingly, an order dated 31.08.2019 was passed by the District Education Committee. Learned advocate Mr. Chudasama has submitted that the petitioners cannot be made to suffer because they are residing in Khedbrahma Taluka. Learned advocate Mr. Chudasama has submitted that in fact the Policy dated 01.04.2022, which governs the transfer of the teachers/vidyasahayaks, permits inter district transfer, however, the transfer within taluka is not permissible, and hence, the present petitioners, who have been absorbed in regular pay scale after a period of five years on the post of Assistant Teachers on 15.02.2020, may be transferred to the original Taluka i.e. Khedbrahma from Poshina Taluka. It is further submitted that the respondents authority may, accordingly, be directed to accept the form physically for intra district transfer camp to go back to their original Taluka Khedbramha from Poshina Taluka.

5. Learned advocate Mr. Chudasama has submitted that the District Education Committee has issued the guidelines for filling up the application form online on 29.10.2022 and the guideline No.16, suggests of filling up the form or application in those cases of vidyasahayaks/teachers, who have been appointed for a period of ten years and have been serving in the same Taluka. Thus, it is submitted that the present writ-petition may be allowed and the clause No.4 of Chapter-G of the Resolution dated 01.04.2022 may be modified.

6. Per contra, learned AGP Mr. Ronak Raval has submitted that the petitioners cannot claim their right of being transferred from one Taluka to another Taluka only because they are facing some difficulty. It is submitted by him that the Policy does not anywhere provide that the teachers can claim transfer from one Taluka to another Taluka after bifurcation of Taluka. It is submitted by learned AGP Mr. Ronak Raval that the petitioners are governed by the conditions, as envisaged in the appointment orders dated 30.06.2014 and 01.11.2014, wherein it is provided that the petitioner cannot claim for Taluka or inter district transfer after their appointment for a period of ten years. Learned AGP has placed reliance on the judgment dated 08.03.2022 passed in Special Civil Applicat