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NIRZAR S. DESAI
Bariya Babubhai Ambalal – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(Nirzar S. Desai, J.)
1. Draft amendment filed in each of the respective petitions and/or civil applications is granted. To be carried out forthwith.
2. Civil Application No.3 of 2024 in SCA No.25532 of 2022 as well as Civil Application No.3 of 2024 in SCA No.25077 of 2022 are filed by the applicants seeking impleadment as parties in the main respective petitions whereby the persons who are affected by the claim of the petitioners seeking a direction to hold the transfer camp in district bifurcation have applied for being impleaded as respondent.
3. Learned advocate Ms. Vidhi Bhatt as well as learned Advocate Mr. Devnani appearing in the respective civil applications for joining party demonstrated that in view of the order of priority for holding camp for transfer in the case of Vidyasahayaks and as they are in the priority list, the transfer camps are required to be held prior in point of time for the persons seeking transfer on the basis of district bifurcation. If the claims of the original petitioners are considered positively, the applicants who have preferred civil applications for being impleaded as respondents and who are seeking Inter-District transfer would be d
Only teachers serving in affected Talukas are eligible for transfer due to district bifurcation, as per the applicable administrative instructions and government resolutions.
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....
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 court upheld the principle that mid-session teacher transfers adversely affect students' education, emphasizing the need for stability in educational settings.
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 classification of government and non-government employees regarding transfer policies is valid, and the court cannot interfere in executive decisions unless statutory violations occur.
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