CHANDRA PRAKASH VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 23.11.2019 passed by respondent No.2 thereby transferring the petitioner from Primary School, Kunwarpura, Tahsil Seonda, District Datia to Government Primary School, Gyara, Tahsil Seondha, District Datia.

(2.) It is submitted by the counsel for the petitioner that he is working on the post of Assistant Teacher. It is the case of the petitioner that the transfer of the petitioner is contrary to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (In short "the Act, 2009", as three teachers were posted in the Primary School, Kunwarpura, Tahsil Seonda, District Datia against the total strength of 49 students whereas the petitioner has been transferred to Government Primary School, Gyara, Tahsil Seondha, District Datia where the total strength of student is 98 and four teachers are already posted there. It is submitted that on online portal, three teaches have been shown to be posted in Government Primary School, Gyara, Tahsil Seondha, District Datia whereas there are four teachers and the name of Smt. Geeta Kushwah has been missing from the portal. It is further submitted that the petitioner is working as Booth Level Officer and, therefore, he is treated to be on deputation to the Election Commission and the transfer of the petitioner has been made without taking concurrence of the Election Commission.

(3.) It is further submitted that local MLA and other representatives have also recommended for cancellation of the transfer, therefore, the respondents be directed to decide the said recommendation of the Local MLA.