SATISHBHAI BHAIJIBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) COMMON grievance made by the petitioners in all the petitions is as regards not giving benefit of preferences and priorities to the petitioners who belong to Valmiki community as was required by Government Resolution 4.6.2004, which stood amended in the year 2009 and further amended by resolution dated 23.5.2012.

(2.) SERIOUS grievance is made by the petitioners that though by resolution dated 28.1.2009 issued by the State Government specifically introducing Valmiki community after two categories of widow and handicap in the resolution dated 4.6.2004 for giving preference in the matter of transfer of primary teachers, the Director of Primary Education and the concerned authorities responsible to implement the resolution of the State Government are acting contrary to such resolutions by not preparing the seniority list year- wise as mandated by the said resolutions and by subsequent resolution of the Government dated 23.5.2012 and the petitioners who belong to Valmiki community are treated still as "Untouchable", which is against the constitutional mandate of treating every person equal by not considering their case for transfer in priority.

(3.) LEARNED advocate Mr. Gunvant R. Thakar appearing for the petitioners in Special Civil Application Nos.57 of 2010 and 645 of 2010 and learned advocate Mr. Prabhakar Upadhyay appearing for the petitioners in Special Civil Application No.459 of 2010 submitted that the petitioners have been still treated as "Untouchable" and their applications for inter-district transfer have not been considered and instead, other primary teachers who have made applications for such transfer later in point of time, have been included in the seniority list above the petitioners just to deprive the petitioners of their legitimate right to be considered for inter-district transfer in the camp to be held for each year for such transfer. Learned advocates for the petitioners submitted that in the seniority list prepared in the year 2009, they are required to be placed at third place in priority as required by the amended resolution dated 4.6.2004 as they are entitled to be considered in priority than the other categories. But, they have been kept out of consideration and now other primary teachers will be again given benefit of transfer in the camp to be held in the month of July though such primary teachers cannot have their claim above the petitioners.