KIRANBEN JAYANTIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein, a Teacher and Vidhya Sahayak, has filed the present petition under Article 226 of the Constitution, seeking a direction against respondent No.2 - District Primary Education Officer, Mehsana, to set aside seniority list dated 19th October, 2016, further praying to include name of the petitioner in the list so as to permit the petitioner to take part in the inter-district transfer camp.

(2.) The petitioner seeks transfer to a school situated within the District of Mehsana on the ground that her husband has been serving in the said District. For the inter-district transfer requested on the said ground, petitioner rests her case on the policy Resolution of the State Government dated 23rd May, 2012, whereby the policy is evolved permitting transfer of higher primary teacher, vidhya sahayak or primary teacher, formulating certain conditions for the said purpose.

(3.) The petitioner served in the Rapar Taluka at Kutch District and was appointed as Vidhya Sahayak on 30th November, 2008. It is the case of the petitioner that hers is an unblemished service career. It is averred that husband of the petitioner - Patel Ashwinkumar has been currently serving as Teacher at Dhandhusan Primary School, Dhandhusan in the district of Mehsana having been appointed on 05th September, 2011. The petitioner made an application on 19th December, 2013 to be transferred to Mehsana district since her husband was serving in the Mehsana. It appears that while the aforesaid application dated 19th December, 2013 was pending, petitioner opted to switchover to upper primary section for which order is passed shifting the petitioner to upper primary section on 01st June, 2016.