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A. S. SUPEHIA, GITA GOPI
Patel Umeshkumar Gokalbhai – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Since extreme urgency is cited before us by the learned advocates appearing on behalf of the appellants, the present group of matters is taken up for final hearing today and after hearing the learned advocates appearing for all the respective parties at length, we are passing the following judgment and order.
2. ADMIT. Learned advocates appear and waive service of notice of admission on behalf of the respective respondents.
3. The present group of appeals filed under Clause 15 of the Letters Patent, 1865, are directed against the common judgment and order dated 04.12.2024 passed by the learned Single Judge in the group of petitions. The learned Single Judge has been pleased to dismiss all the writ petitions. With consent, the Letters Patent Appeal No.1779 of 2024 is taken up as a lead matter.
4. The appellants are serving as Teachers at Panchmahals District. Their entire case hinges on the Government Resolution/Policy of the State Government, dated 01.04.2022, more particularly Chapter-Q of such policy, which deals with the transfer of the teachers after bifurcation of the Districts. All the appellants are working in Panchmahals
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.
Only teachers serving in affected Talukas are eligible for transfer due to district bifurcation, as per the applicable administrative instructions and government resolutions.
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 classification of government and non-government employees regarding transfer policies is valid, and the court cannot interfere in executive decisions unless statutory violations occur.
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 Reso....
The G.R. on teacher transfers aligns with the RTE Act by maintaining Pupil-Teacher ratios and does not violate statutory rights of teachers.
The court upheld the principle that mid-session teacher transfers adversely affect students' education, emphasizing the need for stability in educational settings.
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