DER MEGHABEN KHIMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner belongs to SEBC category and was appointed as primary teacher under the respondent No.3 on 23.3.2007. She is presently serving as primary teacher of language subject in upper Primary School at Pipartoda taluka Primary School, Taluka: Lalpur, District: Jamnagar. Her husband is appointed as primary teacher under respondent No.4 and is serving at Jamnagar Nagar Prathmik Shikshan Samiti School No.12.

(2.) The petitioner has submitted Inter-District Transfer Application in the year 2012 as per the rules for her transfer from Jamnagar District Education Committee to Jamnagar Municipal School Board and her application has been duly entered in the Inter-District Transfer Register of Respondent No.4 at Sr.No.11. However, respondent No.4 is not holding camp since the year 2014, although the Government resolution dated 23.5.2012 specifies that the camps shall be held in some other year. Therefore, this petition is preferred. It is also further submitted that Director of Primary Education also be repeatedly instructed respondent No.4 Administrative Officer of Jamnagar Municipal School Board, Jamnagar to organize such inter-district transfer camp. It is also the say of the petitioner that out of the vacancies available on 1.6.2014 as per the Government Resolution, 40% of the vacancies are to be fille-dup by inter-district transfer and out of that, 50% of the vacancies are to be fille-dup by teachers of priority categories of widow, handicapped, couples and valmiki community. Though there are vacant posts, respondent No.4 has no instructions. Therefore, the petitioner has approached this Court with the following reliefs:"

(3.) This Court at the time of issuance of notice had directed office of Government Pleader to take necessary instructions and if possible to file the reply on or before 14.2.2017. It was also noted that the Director had also informed the respondent to complete the process of Inter-District Transfer, however, no heed was paid.