Govind Prashad Tripathi v. State of M.P. Writ Petition No. 14803 / 2012 & Ors.

Shri V.D.S.Chauhan, learned counsel for the petitioner. Shri S.S. Bisen, learned Government Advocate, for the respondents/State. Petitioner is working as an Assistant Teacher in Government Primary School Baruka, Block Sohagpur, District- Shahdol. By the impugned order dated 13-07-2012 passed by the Assistant Commissioner, District-Shahdol, petitioner has been transferred from Govt. Primary School Baruka to Govt. Primary School Chhatwayi. Challenge to the order of transfer is made mainly on the ground that under the Right of Children to Free & Compulsory Education Act, 2009, there should be at least one teacher for every thirty five children. It is pointed out that if the petitioner is transferred the students-teacher ratio would be disturbed and the statutory provision of Right of Children to Free & Compulsory Education Act, 2009 would be violated and, therefore, the transfer is illegal. The question as to how the students-teacher ratio should be maintained, reduction of number of teachers and breach of statutory rule is a matter to be considered by the Competent Authority and on the aforesaid grounds, interference into the administrative order of transfer is not warranted. It is for the Respondent No.3 2 to look into the matter on the grounds raised and take action. Keeping in view the aforesaid, it is directed that on the petitioner's filing a certified copy of this order along with a detailed representation, if not already done, Respondent No.3 shall decide the claim of the petitioner after adverting to the grounds raised by the petitioner and till the aforesaid exercise is not completed, petitioner shall be permitted to work at his present place of posting. With the aforesaid, the petition is disposed of. Certified Copy as per rules. (Rajendra Menon) Judge ss/-