SCHOOL MANAGING COMMITTEE Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS petitioner has approached this court for grant of following substantive relief: -

(2.) THE petitioner claims itself to be a School Managing Committee of Government High School, Mahog, constituted under the provisions of Right to Education Act. It is alleged that the school had only one TGT (Non -Medical) respondent No. 3, who is teaching about 147 children who are studying mathematics from Class 6th to Class 10th. In the month of July, the official respondents issued transfer order of respondent No. 3 to a nearby school, which is around 20 -25 kilometers from the present school. That school is Middle School, which has been recently upgraded. It is further averred that there are only 6 -7 children studying in that school and by posting respondent No. 3, the career of 147 children have been put on stake. It is further claimed that respondent No. 3 is in hurry to join and therefore her transfer order dated 24.7.2014 be quashed and set -aside.

(3.) RESPONDENT No. 3 filed a separate reply wherein preliminary submissions regarding locus -standi, suppression of material facts by the petitioner were raised. On merits, it was averred that respondent had been transferred against vacancy as there was no teacher available in Govt. Middle School, Annu to teach Class 6th to Class 8th. The services of respondent were required more in that school, as the students were required to pass the subject of math and science. The vacancy position existing in government high School, Kalvi was placed on record and it was also submitted that it was wrong on behalf of the petitioner to contend that there was only one TGT (Non -medical), because even the Head -teacher posted there is TGT (Non -Medical) and one more teacher TGT (Science) was posted there. It was further contended that transfers and postings of teachers were the sole prerogative of the employer and therefore, the petitioner had no locus or cause of action to file and maintain a writ petition.