The main legal point established is that transfers of teachers must adhere to the pupil-teacher ratio requirement and the transfer policy.

JUDGMENT

1. This petition under Article 226 of the Constitution of India has been filed challenging the order dated 23/11/2019 as well as order dated 31/12/2019 passed by respondent no.3.

2. It is not out of place to mention here that this is the second round of litigation. By order dated 23/11/2019, Annexure P/1, the petitioner has been transferred to the Government Primary School Village Tilera from Government Middle School Village Diswar. The said order was challenged by the petitioner by filing writ petition No.26779/2019 and this Court by order dated 10/12/2019 disposed of the said writ petition with a liberty to the petitioner to file a representation and it was further directed that in case if the representation is filed, then the same shall be decided by the respondents by passing a speaking order within a period of four weeks from the date of receipt of representation and it was further directed that till the representation is decided, the petitioner shall be allowed to continue at the present place of posting. Thereafter, the petitioner moved a representation, Annexure P/10, which has been dismissed by the respondent no.3 by order dated 31/12/2019.

3. Challenging the orders dated 23/11/2019 and 31/12/2019, it is submitted by the counsel for the petitioner that as per the list of surplus teachers uploaded on the portal, two teachers and one headmaster is working in Primary School Diswar against the total strength of 53 students and according to the uploaded list, the post of headmaster was in surplus. As per the provisions of Right of Children to Free and Compulsory Education Act, 2009, two teachers are required in a school having the strength upto 60 students. Since the post of headmaster was surplus, therefore, the petitioner was not in surplus and thus, he should not have been transferred. Further, the petitioner was transferred to the present place of posting by order dated 21/9/2017 and he has completed just two years of his regular posting in Primary School Diswar. Therefore, it is prayed that the impugned order dated 23/11/2019 is bad because of frequent transfers.

4. Heard learned counsel for the petitioner.

5. Against the order dated 23/11/2019 the petitioner had made a representation, Annexure P/10, and in the said representation no ground with regard to the frequent transfer was raised. The only ground raised in the representation was that in fact the post of headmaster was surplus and the petitioner has been wrongly transferred. This Court in the case of Devendra Rajoriya vs. State of M.P. by order dated 6.12.2019 passed in W.P.No.26384/2019 has held as under:-

' Shri Brijesh Sharma, Counsel for the petitioner.

Shri Pawan Singh Raghuvanshi, Govt.

Advocate for the respondents/ State.

This petition under Article 226 of the Constitution of India has been filed challenging the order dated 23/11/2019 (Annexure P1) passed by respondent No.4, by which the petitioner has been transferred from UEGS Dharam Singhkapura, Pithan, Block Ater, District Bhind to Primary School Kamanpura, Block Mehagaon, District Bhind.

(2) It is fairly conceded by the Counsel for the petitioner that the petitioner is working at the present place from the date of his appointment. It is submitted that the transfers are to be made from 22/06/2019 to 31/07/2019, however, the transfer order has been passed during ban period. Since the transfer order has been passed without approval of the Chief Minister-in Coordination, therefore, the transfer of the petitioner is bad. Further, there are only two teachers for twenty-one students and if the petitioner is transferred, then only one teacher would be left, which would be contrary to the provisions of Section 25 of Right of Children to Free and Compulsory Education, 2009 [in short '' the Act, 2009'']. The petitioner has been transferred to Primary School Kamanpura, Block Mehagaon, District Bhind where two teachers are already working there with less number of students. Thus, it is submitted that not