PRAVINKUMAR BALWANTPURI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been filed by the petitioner, who is aggrieved by the order of transfer dated 9.11.1998 whereby he has been transferred from Government Boys High School, Veraval, District: Junagadh to Government Higher Secondary School, Amarnagar, Taluka: Jetpur, District: Rajkot.

(2.) THE brief facts of the case, emerging from a perusal of the averments made in the petition, are that the petitioner was appointed as an Assistant Teacher at Government Boys High School, Veraval on 5.11.1979. Thereafter, in February, 1996, he was transferred to Bhavnagar District. According to the petitioner, this transfer was effected on the basis of certain false allegations made against the petitioner motivated by political considerations. However, the petitioner was once again transferred back to Government Boys High School, Veraval, in 1997 and he took over the charge of the post of Principal of the said school. It is the case of the petitioner that during the examinations which were conducted in March 1998, including the examination for the subject of Physical Training, the petitioner noticed certain discrepancies regarding marks given to some students, one of whom was related to one of the Physical Training teachers of the school (Respondent No.7). According to the petitioner, on his having brought the alleged irregularity to the notice of the concerned authorities, the impugned order of transfer was passed, transferring him out of Government Boys High School, Veraval, to Government Higher Secondary School, Amarnagar.

(3.) ACCORDING to the petitioner, respondent No.7, who is Physical Instructor at Government Boys High School, Veraval, is the father of one of the students who secured high marks and against whom the petitioner had made a complaint. It is averred that since respondent No.7 is a politically influential person, he managed to have the transfer of the petitioner effected through respondent No.4, who was a sitting Member of the Legislative Assembly at the relevant point of time. It is further averred in the petition that a representation was made against the impugned transfer to the Commissioner of Higher Education, a copy of which communication is annexed as Annexure -C to the petition. It is stated that even the Principal of the school wrote a letter to the District Education Officer on 16.11.1998 requesting that the petitioner may not be transferred out of the school as he was performing his duties sincerely and efficiently, but the said communications were not heeded and the transfer of the petitioner came to be effected.