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2019 Supreme(UK) 527

RAMESH RANGANATHAN, ALOK SINGH
DAULAT RAM SEMWAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Petitioner: Mr. B.S. Adhikari, Learned Amicus Curiae
For the Respondent:Mr. Pradeep Joshi, Learned Standing Counsel and Ms. Sonia Chawla, Advocate holding brief of Mr. Paresh Tripathi, Advocate

JUDGMENT

Hon. Ramesh Ranganathan, C.J. (Oral)

1. This application is filed seeking modification of the Para 22.1 of the judgment and order of the Division Bench dated 18.06.2018 to bring it in consonance with Section 17.1 read with Section 3 (d) of the Uttarakhand Annual Transfer for Public Servants Act, 2017 by providing relaxation in transfer in favour of Government servants suffering from serious ailments.

2. WPPIL No. 164 of 2013 was filed in public interest highlighting the pathetic situation of higher education in the State, more particularly in the hilly areas thereof. A Division Bench of this Court, in its order dated 18.06.2018, noted that, while most of the schools in the plain areas of Uttarakhand i.e. in the three Districts of Dehradun, Haridwar and Udham Singh Nagar were largely filled up with teachers, several schools in the hilly parts of the State, i.e. in the other ten Districts, either had no teacher at all or were running with a single teacher. It is in such circumstances, and bearing in mind that the right to education included meaningful education, that the Division Bench had prohibited transfer/posting of Teachers and Lecturers to be made to the plain areas of

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