PATEL VINODABEN POPATLAL Vs. DIRECTOR OF PRIMARY EDUCATION

JUDGEMENT

(1.) THIS petition is directed against the order dated 21.11.1998 passed by the respondent No.3 whereby the petitioner has been transferred from Biliya to Kaleda.

(2.) THE brief facts of the case are that the petitioner had applied for the post of Vidya Sahayak, pursuant to the advertisement issued by the respondents on 25.6.1998, in the daily newspaper Sandesh. She was subjected to an interview by the District Education Committee on 3.8.1998 and was selected for the post of Vidya Sahayak. By letter dated 25.10.1998, the petitioner was intimated that she was at Sr.No.6 of the merit -list and was further directed to remain present at the District Education Training Center at Patan on 5.11.1998. It is averred that in the Camp which was organized by the respondents on 5.11.1998, the petitioner was asked to select the place of her choice for posting, from the places exhibited on the notice -board on that day. It is alleged by the petitioner that other candidates were permitted to select places of their choice which did not figure in the list displayed on the notice -board but the petitioner was compelled to choose her place of posting only from those places which were displayed on the notice -board. According to the petitioner, even though Kaleda was at a distance of over 30 kilometers from her native place, and was not her choice place of posting, she had no other option but to choose Kaleda as her place of posting from amongst the other places displayed on the notice -board. However, having done so, the petitioner submitted an application dated 6.11.1998 whereby she raised an objection about having to choose Kaleda as her place of posting and also gave her preference of places of posting, namely Tavadia, Ganeshpura, Devli, Gagvasan, and Madhupura. By way of this application, a request was made by the petitioner to post her at one of the places of her choice. Instead of appointing the petitioner at one of the places of her choice or at Kaleda, the petitioner received an appointment letter dated 7.11.1998 whereby, she was appointed and posted at Biliya Girls Primary School. In obedience to the said order of appointment and posting, the petitioner joined her service at Biliya Girls Primary School with effect from 9.11.1998. It is the case of the petitioner that having joined at the place of appointment pursuant to the order dated 7.11.1998, the petitioner received an order dated 21.11.1998 issued by the respondent No.3 whereby the petitioner's appointment at Biliya Girls Primary school was cancelled and she was directed to resume duty at Village Kaleda, Taluka: Siddhpur, which is at a distance of over 30 kilometers from the native place of the petitioner. Being aggrieved by the order dated 21.11.1998, the petitioner has approached this Court by filing the present petition.

(3.) RULE was issued on 9.2.1999 and the implementation and execution of the impugned order was stayed.