PARMAR KIRANBHAI RAMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Mr.Krutik Parikh learned AGP waives service of notice of Rule on behalf of the respondent nos.1 and 2 and Mr.M.P.Prajapati learned advocate waives service of notice of Rule on behalf of the respondent no.3. Though served, nobody appears for respondent nos.4 and 5.

(2.) With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.

(3.) By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order of transfer from Sutadiyapura, Taluka:Vadnagar to Sardarpura Primary School, Taluka:Satlasana. It is the case of the petitioner that the transfer was in violation of the policy dtd. 28/4/2016. The policy required that if a transfer is to be made on administrative exigencies or on account of complaints against the teacher, an approval post the transfer has to be sent by District Primary Education Officer to Director of Primary Education within 10 days and thereafter the Director has to grant or approve within 35 days. If the time schedule as prescribed in the resolution is not followed after the order of transfer, the same would stand automatically cancelled.