ATEEQA BANO Vs. STATE OF JK & ORS

JUDGEMENT

(1.) By medium of this petition, the petitioner, on the basis of being married to one Mohammad Gulzar Wani R/o Mehboob Colony, Natipora, Srinagar in the year 2005, seeks a direction upon the respondents to continue her to perform duties in Government Primary School, Bemina, in tune with the orders of her deployment issued by the Director, School Education, Kashmir, vide order bearing No. DSEK/Estt/6021 dated 4th of July, 2017. The petitioner also seeks a 'Writ of Certiorari' for quashing the Government circular No. 22 GAD of 2018 dated 6th of July, 2018, in so far as the same relates to her case.

(2.) A bare perusal of the order of deployment of the petitioner dated 4th of July, 2017, issued by the Director, School Education, Kashmir, reveals that the petitioner has been temporarily deployed from District Kupwara to District Budgam, only till the end of the current session (2017-18), which session has since expired. Consequent to the aforesaid directions issued by the Director, School Education, Kashmir, the petitioner has been adjusted in Government Primary School, Bemina, by the Chief Education Officer, Budgam, vide order No. CEOB/ESTT/14357-61 dated 21st of July, 2017.

(3.) The relief prayed for in the writ petition qua the issuance of a 'Writ of Mandamus' directing the respondents to allow the petitioner to continue performing her duties in Government Primary School, Bemina, till her case is concerned for regular transfer on marriage grounds, is beyond the scope of the powers/ jurisdiction of this Court as the same amounts to extension in the period of deployment of the petitioner, which is the sole discretion/ prerogative of the Government and its authorities. Therefore, the claim of the petitioner is liable to be rejected.