LAWS(UTN)-2004-5-16

JIBANAND SHARMA S/O SRI RAM SHARAN SHARMA AND ANOTHER Vs. STATE OF UTTARANCHAL THROUGH 1ST ADDL. SECRETARY, EDUCATION AND TWO OTHERS

Decided On May 03, 2004
Jibanand Sharma S/O Sri Ram Sharan Sharma and another Appellant
V/S
State of Uttaranchal through 1st Addl. Secretary, Education and two others Respondents

JUDGEMENT

(1.) HEARD Sri L.P. Naithani, learned Senior Counsel assisted by Sri Rakesh Thapaliyal, Ad. For the petitioners and Sri U.K. Uniyal, learned Addl. Advocate General for the State.

(2.) THIS writ petition has been filed by the petitioners with a prayer to issue writ, order or direction in the nature of certiorari quashing the impugned Government Order dated 24.5.2004, issued by the respondent No. 1 so far as it relates to the transfer of teachers working if Government Institutions.

(3.) FROM the facts narrated in the writ petition as well as from the aforesaid observations of the Apex Court, we are/of the view that the matter is not, at all, covered under the Public Interest Litigation. We also find that by framing the policy, the petitioners have not been affected adversely, therefore, the writ petition is not maintainable at this stage as it has been filed mere on apprehensions.