IMPORTANT POINT
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.

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 District and prior to their dates of transfer, which were affected between the year 2004 to 2015, they were all working in other Districts. Some of the appellants have been transferred in Panchmahals District in view of the policy of the State Government introduced for the benefits of the couples on their request. In the writ petitions, the appellants-petitioners had prayed for quashing and setting aside the communication dated 1/3.11.2022 issued by the respondent No.2 i.e. Director of Primary Education cancelling the district bifurcation camp in district Panchmahals and Kheda to district Mahisagar. They have also prayed for a direction to organize the district bifurcation camp as per Chapter Q of the Policy/Government Resolution dated 1.4.2022 issued by the Education Department of the State of Gujarat before organizing Inter/Intra District Transfer Camp.

5. Learned advocate Mr.Mangukiya, appearing for the appellants has invited attention of this Court to the Chapter-Q of the Policy dated 01.04.2022 and has submitted that the respondent-State authorities have discriminated the present appellants, who are serving at Panchmahals District by passing the order dated 01/03.11.2022, by which the camps seeking transfer on the formation of the new district Mahisagar were cancelled. He has submitted that the Chapter-Q of the said policy has been misread by the learned Single Judge as well as the authorities and the same does not in any manner stipulates that the teachers, who are working in those talukas, who are not affected by formation of the district, cannot be transferred or the option cannot be offered to them seeking benefit of such transfer. He has referred to the other clauses of the said policy. While referring to the said policy, more particularly paragraph No.10, which pertains for giving an option of inter-district transfer as well as paragraph Nos.5 and 6, which extend the benefit to the couple-teachers, who wish to be transferred at the places of their talukas, it is submitted by him that by impugned decision, they would lose such benefit permanently for getting themselves transferred in the other district. It is also submitted by learned advocate Mr.Mangukiya that the State Government cannot contend contrary to its policy. It is also submitted that in fact, the policy does not in any manner envisages that in cases of bifurcation or formation of district, the seniority of respective teachers are required to be considered, since no criterion has been specified in the policy. He has also referred to the communication dated 01.11.2022 issued by the Joint Director of Gujarat State, Gandhinagar and has submitted that the communication specifically refers to the option of transfer to be extended to the teachers like the present appellants in view of t