ORDER

(1) The present petition had been preferred against the inaction on the part of the respondents in not relieving the petitioner, who had been transferred from Government Model School Pahargarh, Morena to Government HSS Nayakpura, vide order dated 22/10/2022 and even after making representation to the Principal, Government Model School, Morena, neither the representation had been decided nor she had been relieved.

(2) Counsel for the petitioner submitted that as per clause 8 of the said order the validity of the transfer order is only for 15 days and if it is not implemented within the aforesaid period it would be treated as cancelled, so it was the duty of the Principal to relieve the petitioner to join at her transferred place of posting. Thus, it was prayed that the Principal, Model School, Pahargarh, Morena be directed to relieve the petitioner forthwith, so that she could join to H.S.S. Nayakpura, Morena.

(3) Per contra learned Government Advocate appearing on advance notice submitted that on 27/10/2022 the State Government had issued certain directives regarding relieving/joining of teachers appointed in CM Rise schools, School of Excellence, Model Schools and teachers newly appointed and transferred in pursuance to the transfer policy 2022 and according to it the teachers of the category mentioned above are directed not be relieved till the end of the academic session and accordingly, in lieu of the above directives, the petitioner, who is working in a Model School could not be relieved, the petitioner in the light of the said directives is not maintainable and deserves to be dismissed.

(4) It is a trite law that the Courts would be slow in interfering in the policy matters unless the policy is found to be palpably discriminatory and arbitrary. This court would not interfere with the policy decision when it appears that there is an intelligible differentia in the application of policy and that such intelligible differentia has a nexus with the object sought to be achieved. In the obtaining facts and circumstances of this case, it appears that the purpose behind the issuance of such directives is due to the fact that they are mid-session transfers and because of it the studies of the students of the schools mentioned above may get affected and since it is a policy decision cannot be interfered with and no such directions as prayed for can be granted.

(5) The petition therefore, being sans merit is hereby dismissed.

E-copy/Certified copy as per rules/directions.

(Milind Ramesh Phadke)

Judge

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