SHANTILAL DODIYAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 05.12.2019 whereby he has been transferred from P.S. Kundal District Ratlam to P.S. Karadiya, District Ratlam.

(2.) The petitioner is working as Headmaster/Teacher and he is assailing the transfer order on the ground that the transferred place of posting is 90 km from the present post of working and his daughter is studying in class XI and mid academic transfer will adversely affect her studies.

(3.) In a catena of decisions of the Hon'ble Apex Court viz. In B. Varadha Rao versus State of Karnataka (AIR 1986 SC 1955), Shilpi Bose Versus State of Bihar and Others (AIR 1991 SC 532) Union of India and Others Vs. S.L. Abbas (AIR 1993 SC 2444), State of MP and Another Versus S.S. Kourav and Others [1995 3 SCC 270) Arvind Duttatraya Dhande Versus State of Maharashtra [1997-6 SCC 169], Mysore Paper Mills Limited, Bangalore Versus Mysore Paper Mills Officers Association, Bhadravati and Another [1999-6-SLR-77]; National Hydroelectric Power Kendriya Vidyalaya Sangathan Versus Damodar Prasad Pandey and Others [2004-12-SCC-299]; Airports Authority of India Versus Rajeev Ratan Pandey [JT 2009 (10) SC 472] Somesh Tiwari Versus Union of India and Others [2009-2SCC-592] and Rajendra Singh Versus State of UP and Others [2010-1- SLR-632], the law laid has been that in the transfer matter of a government employee, scope of judicial review under Article 226 of the constitution is limited.