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2014 Supreme(HP) 1194
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mansoor Ahmad Mir & Tarlok Singh Chauhan, JJ.
School Managing Committee, Government High School, Shimla
Vs.
State of Himachal Pradesh & another
CWP No. 5512 of 2014-B
Decided On : 24.9.2014
For the Petitioner:Mr. Sanjeev Bhushan, Advocate.
For the Respondents:Mr. Shrawan Dogra, Mr. V.S. Chauhan, Mr. Romesh Verma, Mr. J.K. Verma & Ms. Sunita Sharma, Advocate.
Courts should not interfere in transfer matters unless the decision is clearly illegal, arbitrary, discriminatory, malafide, or actuated with bias.
Headnote:
Transfer - Right to Education Act - [No specific act section referenced] - The court discussed the administrative nature of transfer orders and emphasized that courts should not interfere in transfer matters unless the decision is arbitrary, discriminatory, malafide, or actuated with bias. The court cited several precedents to support the principle that transfer and postings are purely administrative matters and should be left to the discretion of the state authorities, unless vitiated by mala fides or made in violation of statutory provisions.
Fact of the Case:
The petitioner, a School Managing Committee, sought relief against the transfer of a teacher under the Right to Education Act, alleging that the transfer would negatively impact 147 students. The respondents argued that the transfer was necessary for the functioning of a newly upgraded school.
Finding of the Court:
The court held that transfer and postings are administrative matters and should not be interfered with unless they are clearly illegal. The petitioner, being a School Managing Committee, had no locus-standi to file the petition, and the court dismissed the petition.
Issues: The issues revolved around the transfer of a teacher and the authority of the School Managing Committee to challenge the transfer.
Ratio Decidendi: The court emphasized that transfer and postings are purely administrative matters and should not be interfered with unless they are clearly illegal. It cited several precedents to support the principle that courts should not interfere in transfer matters unless the decision is arbitrary, discriminatory, malafide, or actuated with bias.
Final Decision: The court dismissed the petition, stating that the petitioner had no locus-standi to file the petition, and that the matters of postings and transfers are essentially of an administrative nature.
Tarlok Singh Chauhan, J.
1. This petitioner has approached this court for grant of following substantive relief:-
An appropriate writ or order may very kindly be issued and order dated 24.7.2014 may kindly be quashed and set aside and in the alternative the respondents may kindly be directed to immediately provide a substitute as TGT (Non-Medical) in Government High School, Mahog, Tehsil Theog, District Shimla, H.P. and till that time the respondent No. 3 may not be relieved.
2. The petitioner claims itself to be a School Managing Committee of Government High School, Mahog, constituted under the provisions of Right to Education Act. It is alleged that the school had only one TGT (Non-Medical) respondent No. 3, who is teaching about 147 children who are studying mathematics from Class 6th to Class 10th. In the month of July, the official respondents issued transfer order of respondent No. 3 to a nearby school, which is around 20-25 kilometers from the present school. That school is Middle School, which has been recently upgraded. It is further averred that there are only 6-7 children studying in that school and by posting respondent No. 3, the career of 147 children have been put on stake. It is further claimed that respondent No. 3 is in hurry to join and therefore her transfer order dated 24.7.2014 be quashed and set-aside.
3. The official respondents No. 1 and 2 have filed the reply, wherein they have raised preliminary submission to the effect that transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service and the transfer policy is in the nature of administrative guidelines for regulating transfers and these guidelines cannot have the consequence of depriving or denying the competent authority to transfer a particular officer/servant to any place in public interest or in exigencies of service and transfer order made even in transgression of administrative guidelines cannot be interfered with as they do not confer any legally enforceable right unless shown to be vitiated by malafides or having been made in violation of any statutory provision. On merits, it is averred that there are seven teachers including respondent No. 3 posted in the Mahog school, whereas in Govt. Middle School, Annu u/c GSSS Kelvi where respondent No. 3 was ordered to be transferred has only one teacher. It is further averred that transfer of respondent No. 3 was to ensure that this newly upgraded school becomes functional.
4. Respondent No. 3 filed a separate reply wherein preliminary submissions regarding locus-standi, suppression of material facts by the petitioner were raised. On merits, it was averred that respondent had been transferred against vacancy as there was no teacher available in Govt. Middle School, Annu to teach Class 6th to Class 8th. The services of respondent were required more in that school, as the students were required to pass the subject of math and science. The vacancy position existing in government high School, Kalvi was placed on record and it was also submitted that it was wrong on behalf of the petitioner to contend that there was only one TGT (Non-medical), because even the Head-teacher posted there is TGT (Non-Medical) and one more teacher TGT (Science) was posted there. It was further contended that transfers and postings of teachers were the sole prerogative of the employer and therefore, the petitioner had no locus or cause of action to file and maintain a writ petition.
We have heard the learned counsel for the parties and have one through the records of the case.
5. The law regarding transfer is well settled. The matters of transfers and postings are purely administrative matters and the Courts must not ordinarily interfere in such matters unless and until administrative policy decision is arbitrary, discriminatory, malafide or actuated with bias. The Government must have free hand in settling the terms of its policies. It
