Transfer policy guidelines do not confer legally enforceable rights unless there is a violation of statutory rules or mala fide.

ORDER

Mahabir Singh Sindhu, J. - Present writ petition has been filed under Article 226 of the Constitution for issuance of a writ in the nature of Certiorari for quashing the offending part of impugned orders (P-5/1 to P-5/26) whereby requests of petitioners for cancellation of transfer orders were accepted, but they have been "debarred for applying for transfer again for the next three years".

2. Petitioners (total 26) are working as school teachers within the State of Punjab. On 25.06.2019, Government of Punjab, Department of School Education, framed Teachers Transfer Policy-2019 (P-2) (for short "transfer policy"). In pursuance of said policy, various teachers, including petitioners were transferred to different schools vide orders dated 24.03.2021 & 09.04.2021. Aggrieved against the transfer orders, some of the teachers felt aggrieved and as a result thereof, respondents issued public notice dated 13.04.2021 (P-3) for considering the requests of teachers for cancellation of transfer orders. Last date for submission of online objections was fixed as 14.04.2021 and subsequently, extended up till 02.07.2021 (P-4).

3. In pursuance of the above public notices (P-3 and P-4), petitioners made requests for cancellation of their transfer orders, which were accepted by respondents (P-5/1 to P-5/26); but they have been debarred from applying for transfer for a period of next three years; for reference, relevant part of P-5/1 is extracted as under:-

"O/o Director Public Instructions (EE), Punjab

Order No. : 913199163830-1 Date: 07-M-2021

Order

1.0 Sh./Smt. RAVINDER KUMAR has submitted online request for cancellation of his / her transfer vide order No.913199163830 dated 09-April-2021.

2.0 Keeping in view the above transfer of Sh. / Smt. RAVINDER KUMAR has been accepted with the condition that Sh. / Smt RAVINDER KUMAR is debarred for applying for transfer again for the next three years as per the Teacher Transfer Policy. 3.0 Orders issued by the department vide order No.913199163830 dated 09-April-2021 as per details below stands cancelled.

SD/-

Director Public Instructions (EE), Punjab

Date: 07-MI-2021"

4. The only grievance of the petitioners is against the imposition of condition to apply for transfer for a period of next three years and not against the cancellation of their transfer orders.

5. Hence, the present writ petition.6. Learned counsel for the petitioners made following submissions:-

(i) There is no provision under the transfer policy that in case a teacher seeks cancellation of transfer order, he/she would be debarred from applying for transfer for the next three years;

(ii) In pursuance of public notices (P-3 and P-4), petitioners requested for cancellation of transfer orders, but were never made aware about the fact that they would be debarred to apply for transfer for a period of next three years; thus petitioners have been taken by surprise and as such the action of respondents is in violation of the principle of natural justice;

(iii) In recent past, no such conditions have been imposed upon other similarly situated teachers while cancelling their transfer orders; hence the impugned orders are liable to be set aside being discriminatory in nature;

(iv) Imposition of above condition for a period of three years is not only too harsh, but unconscionable also.

7. Heard learned counsel for the petitioners and perused the paper-book.

8. Petitioners are working as teachers on the post of Elementary Trained Teachers (ETT), Center Head Teacher (CHT),Masters/Mistresses and Lecturers; and they can be divided into following four categories:-

9. Service conditions of petitioners fallin