RAJSINH DAULATSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. With consent of learned advocates appearing for the parties, matter is taken up for final hearing today. Mr.Kurven Desai, learned AGP, waives service of rule on behalf of the State - respondents.

(2.) A primary teacher, working under the District Primary Education Officer, District Panchayat, Ahmedabad since 2013 has been constrained to approach this Court aggrieved by the communication dtd. 7/1/2022 by which his application for request transfer from Ahmedabad to Sabarkantha has been rejected on the ground that the Medical Report /opinion of the Medical Board would not justify the transfer. Apart from other grounds Mr.Manish Patel, learned counsel for the petitioner, would submit that it is not within the domain of the District Primary Education Officer to reject transfer applications made on medical grounds.

(3.) . Inviting the Court's attention to the relevant Clause of the Government Resolution dtd. 23/5/2012, Mr.Patel, learned counsel, would submit that a categorical provision is made that in case of transfer on request on medical grounds is only within the purview of the government, and therefore, the District Primary Education Officer can only recommend the case of the petitioner for transfer and not outright reject the same. He would also rely on the opinion of the Medical Board dtd. 6/10/2021 and submit that it was not within the authority of the Board to make a remark "transfer not justified". He would also invite the attention of the Court to the Resolution of the State dtd. 5/7/2014 where it is the government who can decide the question of the petitioner's transfer as is ailing from tongue cancer.