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A. S. SUPEHIA
JAYSHRIBEN JAYSHANKARBHAI BARAIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. Since a common issue and facts are involved in the captioned writ petitions, the same are heard and decided finally.
FACTS AND ISSUES:
2. In all these writ petitions, the petitioners, who are appointed as teachers, are seeking intra-district (inter-taluka) transfers. The petitioners have also prayed for quashing and setting aside the condition Nos.3 and 4 of the Government Resolution dated 21.01.2014, which prohibits intra-taluka transfers of the teachers till the period of ten years. Some of the petitioners have also filled-up the bonds in view of their appointment orders.
3. It is the case of the petitioners that they are being denied the intra-district transfer from one taluka to another in view of the provisions of Government Resolution dated 01.04.2022, even after completion of more than 5 years of service, more particularly, Clause-4 of Chapter-G, and submitted that the petitioners are being discriminated in view of the said provisions, which allows inter-district transfer, after completion of 5 years of service, but does not allow inter-taluka transfer.
SUBMISSIONS:
4. Learned advocates appearing for the respective parties have submitted that though t
Only teachers affected by district bifurcation are entitled to transfer benefits under the applicable policy; those remaining in their original districts have no vested rights.
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 resolutio....
The G.R. on teacher transfers aligns with the RTE Act by maintaining Pupil-Teacher ratios and does not violate statutory rights of teachers.
Transfer policy guidelines do not confer legally enforceable rights unless there is a violation of statutory rules or mala fide.
The court upheld the principle that mid-session teacher transfers adversely affect students' education, emphasizing the need for stability in educational settings.
The main legal point established in the judgment is the interpretation of eligibility criteria for weightage points in inter district transfers of Assistant Teachers, as governed by the U.P. Basic Ed....
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