IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRZAR S. DESAI, J.
Bariya Babubhai Ambalal & Ors. – Petitioners
Versus
State Of Gujarat & Ors. – Respondents
R/SPECIAL CIVIL APPLICATION NO.25532 of 2022 With CIVIL APPLICATION (FOR DIRECTION) NO.1 of 2024 With CIVIL APPLICATION (FOR STAY) NO.2 of 2024 With CIVIL APPLICATION (FOR JOINING PARTY) NO.3 of 2024 With R/SPECIAL CIVIL APPLICATION NO.16268 of 2024 With R/SPECIAL CIVIL APPLICATION NO. 14657 of 2023 With CIVIL APPLICATION (FOR DIRECTION) NO.1 of 2024 With R/SPECIAL CIVIL APPLICATION NO.11175 of 2024 With R/SPECIAL CIVIL APPLICATION NO.14409 of 2024 With R/SPECIAL CIVIL APPLICATION NO.575 of 2024 With R/SPECIAL CIVIL APPLICATION NO.2214 of 2023 With CIVIL APPLICATION (FOR DIRECTION) NO.1 of 2024 With R/SPECIAL CIVIL APPLICATION NO.1031 of 2023 With R/SPECIAL CIVIL APPLICATION NO.25077 of 2022 With CIVIL APPLICATION (FOR STAY) NO.2 of 2024 With R/SPECIAL CIVIL APPLICATION NO.25642 of 2022 With R/SPECIAL CIVIL APPLICATION NO.25745 of 2022 With CIVIL APPLICATION (FOR DIRECTION) NO.1 of 2024 With R/SPECIAL CIVIL APPLICATION NO.25648 of 2022 With R/SPECIAL CIVIL APPLICATION NO.25743 of 2022 With R/SPECIAL CIVIL APPLICATION NO.25746 of 2022 With R/SPECIAL CIVIL APPLICATION NO.26247 of 2022 With R/SPECIAL CIVIL APPLICATION NO.26253 of 2022 With R/SPECIAL CIVIL APPLICATION NO.26262 of 2022
Decided On : 04-12-2024
(A) Administrative Instructions dated 4.6.2016 - Government Resolutions dated 1.4.2022 and 11.5.2023 - District bifurcation transfer - Petitioners sought direction to hold transfer camps based on district bifurcation; however, they were not eligible as per the stated policies. (Paras 9, 18.1, 20)
(B) Eligibility for Transfer - The court held that only teachers serving in affected Talukas could seek transfer; since petitioners were not affected, their petitions were dismissed. (Paras 18.3, 20)
Facts of the case:
Petitioners, primary teachers, sought transfers to the newly formed Mahisagar district due to district bifurcation but were denied eligibility based on existing policies.
Findings of Court:
The court found that petitioners were not eligible for transfer under the applicable policies as they were not serving in affected Talukas.
Issues: Whether the petitioners were entitled to claim transfers on account of district bifurcation under the relevant administrative instructions and government resolutions?
Ratio Decidendi: The court ruled that the administrative instructions and government resolutions clearly state that only those affected by district bifurcation are eligible for transfer, and the petitioners did not meet this criterion.
Result: All petitions dismissed.
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 directly affected and, therefore, all the civil applications that are filed for being impleaded as party are decided as there was no formal objection against the present applications, the same are allowed. The applicants in each of the applications are directed to be impleaded as respective respondents in each of the main petitions. Cause title of the respective main writ petitions be amended forthwith.
4. Learned advocate Mr. Jay N. Shah appearing for the petitioners in Special Civil Application No.25743 of 2022, upon instructions, seeks permission to withdraw the present petition qua petitioner No.5. A communication in this regard is taken on record. Permission as prayed for is granted. Special Civil Application No.25743 of 2022 stands dismissed as withdrawn qua petitioner No.5.
5. Learned advocate Mr. Gaurav Chudasama appearing for the petitioners in Special Civil Application No.14657 of 2023, upon instructions, seeks permission to withdraw the present petition qua petitioner No.10. A communication in this regard is taken on record. Permission as prayed for is granted. Special Civil Application No.14657 of 2023 stands dismissed as withdrawn qua petitioner No.10.
6. Learned advocate Mr. Gaurav Chudasama appearing for the petitioners in Special Civil Application No.25642 of 2022, upon instructions, seeks permission to withdraw the present petition qua petitioner Nos.1, 8, 23, 14 and 34. A communication in this regard is taken on record. Permission as prayed for is granted. Special Civil Application No.25642 of 2022 stands dismissed as withdrawn qua petitioner Nos.1, 8, 23, 14 and 34.
7. Learned advocate Mr. Gaurav Chudasama appearing for the petitioners in Special Civil Application No.2214 of 2023, upon instructions, seeks permission to withdraw the present petition qua petitioner No.1. A communication in this regard is taken on record. Permission as prayed for is granted. Special Civil Application No.2214 of 2023 stands dismissed as withdrawn qua petitioner No.1.
8. Since common issues involved in all these petitions are under consideration, with the consent of learned advocates appearing for the respective parties, the same are taken up for final disposal today itself. Hence, RULE. Learned advocates appearing for the respective parties in each of the petitions waive service of rule.
Learned counsels for the parties have further agreed that Special Civil Application No.25532 of 2022 may be treated as lead matter and hence, for determining the controversy in all these petitions, the facts are taken from the said petition and, therefore, though separate petitions are filed, facts and pleadings are considered from Special Civil Application No.25532 of 2022.
9. By way of this group of petitions, the petitioners have prayed for a direction for quashing a
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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