GOPAL KRISHNA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India by petitioners 20 in numbers against their orders of transfer dated 23.11.2019 and 24.11.2019 passed by the respondent No.4/District Education Officer, Hoshangabad, whereby the petitioners, who are working as Sahayak Shikshak and Prathmik Shikshak in the School Education Department of the State Government have been transferred after declaring surplus. The writ petition has been filed on the ground inter-alia that the act of declaring surplus and consequent transfer is gross violation of the policy dated 22.6.2019 and 15.11.2019 as also against the provisions of Right to Free Education Act. In the petition the following grounds have been raised by the petitioners to assert their claim:-

(2.) Shri K.C.Ghildiyal, learned counsel for the petitioners has also elaborated on the aforesaid grounds on the basis of the documents filed on record.

(3.) A reply of the writ petition has also been filed by the respondents/State denying the claims made by the petitioners that the orders have been passed in violation of the transfer policies or provisions of the Right to Free Education Act. In particular the following pleadings have been made by the respondents so far as the representations submitted by the petitioners are concerned:-