BHIMANI HETALBEN SHASHIKANTBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These writ petitions under Article 226 of the Constitution of India are filed seeking directions to the respondents to accept Inter-District Transfer Applications for the Districts Morbi, Jamnagar and Patan under the Couple Teacher Transfer Category as per Chapter 'E' of Government Resolution (policy) dtd. 11/5/2023 in the order of seniority, which each petitioners possess. It is also prayed that after acceptance of the seniority as sought in the applications, the transfer orders be passed accordingly. The petitioners have also prayed to direct the respondents to modify Clause 1 and 2 of Chapter 'L' and Clause 1 of Chapter 'M' at Annexure-D on the ground that the same is contrary to the policy of the respondent State which gives priority in transfer to the category of couple teachers.

(2.) The facts in brief are as under: -

(3.) Heard learned advocate Mr. Gaurav Chudasama for the petitioners. He submitted that by earlier policy dtd. 1/4/2022, priority is to given to the applications seeking inter-district transfer to the couples whose spouses are serving in different district. The said policy of 1/4/2022 was discontinued by implementation of the fresh policy dtd. 11/5/2023 by which it is decided that no online applications upon completion of 5 years of service will be accepted till the earlier offline/register-maintained list get exhausted. He submitted that this is in violation of policies of the Government and therefore it is arbitrary.