LAWS(MPH)-2022-10-18

SANDEEP KUMAR GANVIR Vs. STATE OF MADHYA PRADESH

Decided On October 17, 2022
Sandeep Kumar Ganvir Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the order dtd. 4/10/2022 (Annexure-P/1) passed by the respondent No.1, whereby the petitioner has been transferred from ITI Balaghat to ITI Barghat, District Seoni.

(2.) Apart from other grounds which have been raised in the writ petition, one another ground is that the petitioner's son is studying in Class-10 and he has to appear in the Board Examination 2022 - 2023. A certificate of the Principal of the school has been annexed alongwith the petition in this regard. It is argued that it is a mid-session transfer, therefore, the transfer of the petitioner will adversely affect the academic career of his son studying in Class-10.

(3.) The aforesaid aspect was considered by the Supreme Court in the case of Director of School Education Madras and Others VS. O. Karuppa Thevan and Another reported in 1994 Supp.(2) Supreme Court Case 666: wherein, the Supreme Court has held as under:-