SHIVRAJ MOHAN CHARAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all these petitions, challenge is to the transfer orders passed by the respondent State, by which, the Head Teachers had been sought to be transferred by virtue of a Government Resolution dated 09.10.2019. The transfer is sought to be made on the ground that in view of the norms of transfer laid out in the aforesaid government resolution, since the strength of the students from class 1 to 5 and 6 to 8 has gone below 250, the petitioners - Head Teachers are declared surplus, and therefore, the exigency to transfer them has arisen.

(2.) Heard Mr.K.B.Pujara, and Mr.B.Y.Mankad, learned advocate appearing for the petitioners in respective petitions. Mr.Pujara, learned advocate for the petitioners, has invited my attention to the schedule to the Right to Children to Free and Compulsory Education Act, 2009, by which, the Act contemplates one head teacher each for class 1 to 5 and 6 to 8 respectively. For class 1 to 5, the students strength is to be 150 and for that of 6 to 8, it has to be above 100.

(3.) Rule 4(b) of the Right of the Children to Free and Compulsory Education Rules, 2010, is pressed into service to show that the strength of 150 and 100 students respectively has to be computed separately. Rules similar thereto have been framed by the State Government at page 158, the relevant Rule is 17(3)(b). The submission of Mr.Pujara, learned advocate for the petitioners is that, though the computation of the figure has to be made separately, the impugned order of transfer is based on the Government Resolution dated 09.10.2019, which contravene the provisions of the Rule, by which, what is sought to be computed is taken contiguously for both class i.e. 1 to 5 and 6 to 8. This apparently prima facie seems to be in contravention of the Act of the provisions of the Right to Education Act and Rules.