Judgment · High Court

HON'BLE MR. JUSTICE K.S. RATHORE Mr. C.P. Sharma for the petitioner. Mr. G.D. Bansal, Addl. Govt. Counsel for the State. **** The petitioner is serving at the Government Upper Primary School, Kohna, District Tonk. A scheme i.e. Disabled Integrated Education Scheme is being run in the aforesaid school where deaf, dumb and handicapped children are being taught. The petitioner is teaching these students since 1994 under this scheme. On 02.08.2008, the Secretary, Education inspected the school, Kohna and observed about excess staff. On the same day i.e. 02.08.2008, the petitioner along with other teachers was ordered to be transferred at Government Upper Primary Girls School, Goharpura, where this scheme is not being run. Challenging the order dated 02.08.2008, the petitioner had also preferred an appeal before the Rajasthan Civil Services Appellate Tribunal (for short 'the Tribunal') but the same was rejected by the Tribunal vide order dated 01.10.2008. [2] SBCWP 11635/2008 Thus, challenging the order impugned dated

02.08.2008 as well as the order dated 01.10.2008 passed by the Tribunal, the petitioner has preferred the instant writ petition on the ground that transfer of the petitioner will not only ruin the future of the disabled children but also will misutilisation, waste of Government funds spent on the training of the petitioner. Moreover, the transfer of the petitioner is contrary to the directions issued by the Director, Primary & Secondary Education vide Notification/ Circular dated 21.08.1996. I have heard learned counsel for the petitioner and have also minutely gone through the impugned transfer order dated 02.08.2008 as well as the order passed by the Tribunal rejecting the appeal of the petitioner vide order dated

01.10.2008. As per the inspection conducted by the Secretary, Education, excess staff was found in the school, Kohna and for proper utilisation of the staff, the alleged transfer order has been passed. The petitioner has got no legal right to continue in the scheme i.e. State Institute of Educational Research and Training (for short 'SIERT') and in the exigency of the services and for proper utilisation of the strength of staff, the impugned transfer order has been passed in the interest of the public at large and the Tribunal has rightly rejected the [3] SBCWP 11635/2008 appeal, so filed by the petitioner, vide order dated

01.10.2008. This Court do not find any merit in the writ petition and the order impugned dated

02.08.2008 as well as the order dated 01.10.2008 passed by the Tribunal require no interference. Consequently, the writ petition fails and the same stands dismissed. /KKC/ (K.S. RATHORE),J.