KOLI PATEL LALITABEN AATABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The two petitioners herein are blind, husband and wife, working as Vidya Sahayak. They have, by filing the present petition, prayed for a direction to the fourth respondentAdministrative Officer, Ahmedabad Municipal School Board to issue orders for interdistrict transfer of the petitioners from Bhavnagar District to Ahmedabad District as per their pending request, as the applicants belong to a prioritycategory of physically challenged teachers. At the time when the petition was filed, it was also prayed to set aside action on part of the fourth respondent in not issuing the call letters and not issuing the interdistrict transfer orders in respect of the petitioners at the Camps held on 19.07.2013 and 20.07.2013 for effecting interdistrict transfer, which prayer in the manner it was made at that time, survives in the same form and purport for the future.

(2.) Both the petitioners are Vidya Sahayaks. They are music teachers having joined the services in March 2007. It is not in dispute that they are physically challenged candidates who are medically certified to be 100% blind for their eyesight. The first petitioner was placed at Mandva Primary School, Taluka Gadhada, District Bhavnagar, whereas the second petitioner was posted at Moti Kundal Primary School at Village Moti Kundal, Taluka Gadhada, Bhavnagar by appointment order dated 17.03.2007.

(3.) The Education Department of State Government allows transfer of higher primary teachers/vidya sahayak/primary teachers on certain conditions and based on the needy categories whose request for transfer deserves to be accepted for special reason.