RIZWAN AHMED KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second visit of the petitioner to this Court. The petitioner while assailing the order of transfer dtd. 7/6/2025 (Annexure P-6) had filed a writ petition before this Court vide W.P. No.21557 of 2025. The said writ petition was disposed of by this Court vide order dtd. 23/6/2025 while directing Commissioner, Public Instructions to take decision on the representation to be submitted by the petitioner within a period of 3 weeks from the date of its submission and till then the petitioner was granted interim protection. Now vide impugned order dtd. 22/1/2026 (Annexure P-11), the representation of the petitioner has been rejected, hence this petition has been filed by the petitioner.

(2.) The counsel for the petitioner contends that the petitioner has inquired and there exists no post of Sports Teacher at the place of transfer i.e. GHSS Sangakheda Kalan, Narmadapuram. It is also contended that the son of the petitioner is a student of Class XII and his final exams are likely to commence soon. Therefore, the petitioner is willing to make fresh representation and in such an eventuality, the Authority concerned be directed to decide the same without being influenced with the order which is being impugned in the present petition.

(3.) The counsel for the State submits that the impugned order has been passed on account of administrative exigency. However, if according to the petitioner there exists no vacant post at the place of transfer, it is for the petitioner to bring the said fact to the notice of the Authority concerned. It is submitted that if the petitioner makes a fresh representation before the Authority concerned highlighting aforesaid grievance, same shall be dealt with in accordance with law.