NIRMALA Vs. THE DIRECTOR, ELEMENTARY EDUCATION & ORS.

JUDGEMENT

(1.) The relief sought for in this writ petition is to direct the respondents to allow the petitioner to participate in the transfer counselling for the year 2018-19 to be held on 19.06.2018 enabling her to get transfer to her desired place.

(2.) The learned counsel appearing on behalf of the writ petitioner made a submission that the writ petitioner is eligible to participate in the transfer counselling scheduled to be held on 19.06.2018. However, the respondents are not permitting the writ petitioner to participate in the counselling procedures enabling her to opt the place of her choice.

(3.) The learned Government Advocate appearing on behalf of the respondents made a submission that the counselling procedures and the instructions issued in G.O.(1D) No.403 dated 29.05.2018, more specifically, Clause 8(i) of the said G.O. states that the teachers who had joined in the present posts before 01.06.2017 alone are eligible to participate in the transfer counselling. However, it is not stated in the Government order that "If the teacher had joined on or before 01.06.2017". When such a language is not adopted in the G.O., it is to be interpreted that a teacher, who joined in the present post before 01.06.2017 alone would be eligible and allowed to participate in the transfer counselling. The teacher, who joined on 01.06.2017 would not be eligible to participate in the counselling.