ARVIND DANGI 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 as well as order dated 31/12/2019 passed by respondent no.3.

(2.) It is not out of place to mention here that this is the second round of litigation. By order dated 23/11/2019, Annexure P/1, the petitioner has been transferred to the Government Primary School Village Tilera from Government Middle School Village Diswar. The said order was challenged by the petitioner by filing writ petition No.26779/2019 and this Court by order dated 10/12/2019 disposed of the said writ petition with a liberty to the petitioner to file a representation and it was further directed that in case if the representation is filed, then the same shall be decided by the respondents by passing a speaking order within a period of four weeks from the date of receipt of representation and it was further directed that till the representation is decided, the petitioner shall be allowed to continue at the present place of posting. Thereafter, the petitioner moved a representation, Annexure P/10, which has been dismissed by the respondent no.3 by order dated 31/12/2019.

(3.) Challenging the orders dated 23/11/2019 and 31/12/2019, it is submitted by the counsel for the petitioner that as per the list of surplus teachers uploaded on the portal, two teachers and one headmaster is working in Primary School Diswar against the total strength of 53 students and according to the uploaded list, the post of headmaster was in surplus. As per the provisions of Right of Children to Free and Compulsory Education Act, 2009, two teachers are required in a school having the strength upto 60 students. Since the post of headmaster was surplus, therefore, the petitioner was not in surplus and thus, he should not have been transferred. Further, the petitioner was transferred to the present place of posting by order dated 21/9/2017 and he has completed just two years of his regular posting in Primary School Diswar. Therefore, it is prayed that the impugned order dated 23/11/2019 is bad because of frequent transfers.