DEVENDRA RAJORIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant intra-court appeal preferred u/S 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, assails the final order passed by learned Single Judge dated 06.12.2019 in WP.26384/19 exercising writ jurisdiction u/Art.226 of the Constitution dismissing the petition in question by which challenge was unsuccessfully made to the transfer of petitioner [Primary Teacher] from UEGS Dharam Singh Ka Pura, Pithan, Block Ater, District Bhind to Primary School Kamanpura, Block Mehgaon, District Bhind.

(2.) Learned Single Judge repelled the said challenge on the anvil of Section 25 of the Right of Children to Free and Compulsory Education Act, 2009 ("2009 Act" for brevity) by holding that impugned transfer of the petitioner may have led to disturbance in the Pupil-Teacher ratio statutorily required to be maintained as per Section 25 of 2009 Act but since it lies within the domain of employer to ensure the said ratio, the breach of the same does not bestow any right upon any transferred employee to successfully challenge his transfer on that count alone.

(3.) This Court initially was of the view that since the petition was dismissed in limine, the State may be asked to respond to aforesaid ground of violation of Section 25 of 2009 Act by filing reply, however, after going through the scheme of 2009 Act, this Court decided to proceed and dispose of this appeal in the following manner.