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2024 Supreme(Online)(GUJ) 26909
HIGH COURT OF GUJARAT
MR. JUSTICE NIRZAR S. DESAI, J
PATEL RAHULKUMAR SATYABHANU – Appellant
Versus
STATE OF GUJARAT – Respondent
R/SPECIAL CIVIL APPLICATION NO. 14662 of 2024
MS VIDHI J BHATT(6155) for the Petitioner(s) No. 1,2 MR TIRTHRAJ PANDYA, ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1,2 MR MANISH J PATEL(2131) for the Respondent(s) No. 3
The court ruled that the petitioners' claims for inter-district transfers were premature as existing off-line applications must be exhausted before inviting new online applications, thus upholding the authorities' decision.
Headnote:(A) Constitution of India - Articles 14, 16, and 21 - Petitioners sought a writ of certiorari and mandamus regarding inter-district transfers for teachers under the Government Resolution dated 11.05.2023 - Petitioners claimed violation of their fundamental rights due to inaction by authorities in inviting applications for transfers. (Paras 1-2.4)
(B) Administrative Law - Judicial review of policy decisions - The court held that the petitioners' grievances were premature as the one-sided off-line applications for transfers were not exhausted, and thus, the authorities were justified in not inviting online applications. (Paras 4-6.2)
Facts of the case:
Petitioners, teachers confirmed in service, sought inter-district transfers under a new policy favoring couples. They claimed the authorities failed to invite applications as required by the Government Resolution dated 11.05.2023.
Findings of Court:
The court found that the petitioners were not senior to the applicants in the pending off-line applications and thus were not entitled to immediate transfers.
Issues: The main issues were whether the authorities' inaction constituted a violation of the petitioners' rights and whether the petition was premature.
Ratio Decidendi: The court ruled that the petitioners' claims were premature as the existing off-line applications needed to be exhausted before considering new online applications.
Result: Petition dismissed in limine.
ORAL ORDER
1. By way of this petition, the petitioners have prayed for the following reliefs;
“A. Your Lordships may be pleased to issue a writ of certiorari and/or writ in the nature of certiorari and/or any other appropriate writ, order or direction declaring the inaction on the part of the respondent authorities in inviting online applications for the purpose of inter-district transfer under the category of ‘couples’ for teachers teaching the subject of Math-Science and Social Science in the Upper Primary division (standard 6 to 8) as in contravention and in breach of the Government Resolution dated 11.05.2023 (Annexure-G), bad in law, illegal and violative of petitioners’ fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India;
(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus and/or any other appropriate writ, order or direction commanding the respondent authorities to consider inviting online applications for inter-district transfer under the category of ‘couples’ from the teachers teaching the subject of Social Science and Math-Science in the Upper Primary division (standard 6 to 8) in District Sabarkantha, as provided for in the Government Resolution dated 11.05.2023 (Annexure-G) ;
(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent authorities to keep two posts vacant in the inter-district transfer camps in District Sabarkantha for the subjects of Math-Science and Social Science in Upper Primary division (standard 6 to 8);
(D) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent authorities to permit the petitioners to make online / offline applications for inter-district transfer camps under the category of ‘couples’ in their respective categories, without prejudice to their rights and contentions;
(E) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent authorities to permit the petitioners to appear and select the place of posting in the inter-district transfer camps, if any, to be organized in future without prejudice to their rights and contentions with further directions to the respondents not to issue any posting orders to them; and (F) Your Lordships may be pleased to pass any other appropriate order, as deemed fit, in the interest of justice.”
2. Learned Advocate, Ms. Bhatt, appearing for the petitioners submitted that, after undergoing the regular recruitment process, the present petitioner No.1 came to be appointed on the post of Vidhya Sahayak for Maths-Science subjects in Upper Primary division (i.e. Standards 6 to 8) by the District Primary Education OfÏcer (in brief, ‘DEO’), Kutch-Bhuj, vide order dated 24.03.2017, whereas, Petitioner No.2 came to be appointed on the post of Vidhya Sahayak for Social Science subject in Upper Primary division (i.e. Standards 6 to 8) by the DEO, Dahod, vide order dated 26.03.2017.
2.1 It is, further, the case of the petitioners that, on successful completion of initial service of five years, their services came to be confirmed vide orders dated 19.04.2022 and 29.07.2022 respectively and thereby, they came to be absorbed in the full pay-scale.
2.2 It is stated in the petition that Petitioner No.1 has married to one Jaymini Premjibhai Patel, who also is an Upper Primary division teacher and currently posted at Taluka: Poshina, District: Sabarkantha. Similarly, Petitioner No.2 has married to one Himanshu Jayantilal Patel, who is discharging duties as a teacher in Lower Primary division at Taluka: Poshina, District: Sabarkantha.
2.3 It is the case of the petitioners that after the Central Government framed the Right of Children to Free and Compulsory Education Act, 2009, Respondent-State, through its education department, framed a consolidated policy vide Government Resolution dated 23.05.2012, whereby, th
