NIRUPAM TRIPATHI Vs. STATE OF M.P.

JUDGEMENT

(1.) Learned counsel for appellant in this intra-court appeal preferred u/S. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 against the order of learned Single Judge passed in WP 17537/21 on 9/9/2021 by which challenge was made to the order of transfer dtd. 31/8/2021 passed by the District Education Officer, Bhind transferring the petitioner from Govt. M.S. Matghana to GMS Boys Daboh Bhind, contends that the pleadings contained in Paragraph 6.2 of petition alleging violation of Sec. 19 and 25 of Right of Children to Free and Compulsory Education Act, 2009 so far as it relates to Pupil-Teacher Ratio have not been considered by learned Single Judge.

(2.) The aforesaid ground need not detain this Court any further as this Court has held in WA 2035/2019 (Devendra Rajoriya Vs. State of M.P. and Ors.) on 28/2/2020 that the Right of Children to Free and Compulsory Education Act, 2009 is student-centric and not teacher-centric and therefore, any relief claimed under this Act for invoking a right emanating from the said Act or grievance of breach of any right under the said Act, can be raised by student and not teacher. Relevant portion of the said Judgment is reproduced below for ready reference and convenience:-

(3.) Liberty has already been extended by learned Single Judge to petitioner/appellant to raise his compassionate grounds by way of representation to the employer. Consequently, present writ appeal stands dismissed sans cost.