SHAKIR KHAN MANSURI Vs. STATE OF MP

JUDGEMENT

(1.) This Writ Appeal takes exception to the order dtd. 15/11/2021 passed in WP No.24963/2021 whereby learned Single Judge has declined interference on the transfer order dtd. 29/8/2021 passed by District Education Officer, Shajapur whereby appellant is transferred from Government School, Biklakhedi to Government School, Berchha Datar, District Shajapur. The appellant also assailed order of DEO, Shajapur dtd. 1/11/2021 whereby his representation was rejected.

(2.) The appellant, a disabled person having permanent disability to the tune of 60% filed the writ petition and on the strength of Clause 26 of the Transfer Policy dtd. 24/6/2021 contended before learned Single Judge that he could not have been subjected to transfer. In addition, Clause 18 of policy which provides a normal tenure of three years was also relied upon. The said argument was not accepted by learned Single Judge keeping in view the word 'ordinary' used in Clause 26 of the transfer policy.

(3.) Shri Godha by placing reliance on Sec.20(5) of The Rights of Persons with Disabilities Act, 2016 submits that the Act was introduced in order to ensure the welfare of persons with disabilities. Reliance is placed on Vikash Kumar Vs. Union Public Service Commission and Ors (2021) 5 SCC 370 to contend that the said Act as well as Directive Principles enshrined in the Constitution makes it obligatory for the State to take sufficient care of persons with disabilities. He prayed for setting aside the order of learned Single Judge and the orders impugned before the writ court. Shri Godha submits that the appellant has been transferred but nobody else has been posted at the place of the appellant. Thus, there is no 'administrative exigency' worth the name.