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2006 Supreme(P&H) 3063

M.M.KUMAR, M.M.S.BEDI
Upender Kumar – Appellant
Versus
State Of Haryana – Respondent


Judgment

, J.

1. The petitioners are working in the Department of Education under the Primary School Directorate, Haryana on various posts like SS Masters and teachers. They have approached this Court with a prayer to set aside Clause 3 of the rationalisation policy dated 30.9.2005 (Annexure P.1) introduced by the respondent State. It is appropriate to mention that the respondent- State has floated a rationalisation policy with the object of restoring the teacher-students ratio. In the process it became necessary to transfer some teachers/ masters/ mistresses from one school to another as per requirement as there were more teachers in comparison to the number of students according to norm or there were less teachers in comparison to the strength of the students. The petitioners are aggrieved by Clause 3 of the Policy which reads as under: Transfer in the surplus teachers to the nearest schools in the District, where vacancy is available ( or the nearest school having vacancy in the adjoining district when no vacancy is available in the district ). While transferring the surplus teachers by way of Rationalization it is proposed that we may not transfer the teachers who have been tran





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