ANIL SAXENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the order dated 23.11.2019 passed by respondent No.2 by which the petitioner has been transferred from Primary School, Ward No.2, Seondha, District Datia to Government Primary School, Naya Kaserua, Tahsil Seondha, District Datia.

(2.) It is submitted by the counsel for the petitioner that the total strength of student studying in Primary School, Ward No.2, Seondha, District Datia is 116 and, accordingly, five teachers are required in the said school. It is submitted that one Ambrish Gupta has been wrongly shown in Government Primary School, Ward No.2, Seondha, District Datia whereas he is posted in Government Middle School, Kheridevta and, therefore, the petitioner has been wrongly transferred by treating him to be in surplus. It is further submitted that the transfer of the petitioner would disturb the "Pupil-Teacher Ratio" as required under the Right of Children to Free and Compulsory Education Act, 2009 and, therefore, the transfer of the petitioner is bad.

(3.) This Court in the case of Devendra Rajoriya vs. State of M.P. by order dated 6.12.2019 passed in W.P.No.26384/2019 has held as under:-