NAZIR AHMAD SHEIKH Vs. STATE

JUDGEMENT

(1.) THE short point raised in this writ petition is whether Zonal Education Officer (Respondent No.7) has powers and authority to transfer a teacher from one school to another.

(2.) PETITIONER , a teacher in Higher Secondary School Bomai since 24.02.97, has been transferred by the Zonal Education Officer Dangerpora Sopore to High School Seelo (annexure -B). The petitioner aggrieved of this transfer order, has questioned the same on the ground that the order is without jurisdiction and not in the interest of administration and in violation of standing instructions and orders of the competent authorities. The respondents have been given/afforded opportunity to defend the case and file reply. No reply has been filed even after the case was admitted to hearing. Mr. M.I. Qadri, Sr.AAG, has submitted that the case may be heard in absence of reply and has been candid enough to concede that it is only Chief Education Officer Baramulla, who has powers to effect transfers of non -gazetted teaching staff within the district up to Master level. The Zonal Education Officer Dangarpora has no powers to effect the normal transfer. The provisions thereto simply made in the delegations of special administrative powers to the officials of school wing (notification SRO: 327 Dt.07.07.73 as amended from time to time). The impugned order on its face nowhere shows that the transfer in question has been effected in the interests of administration or in public interest. The order of transfer is also vitiated on this account. Mr. Qadiri has no defence to offer even on this account. In the result, the impugned transfer order is nonest and is quashed. Though it is made clear that the competent authority may in public interest or in the interest of administration effect the transfer as an employer of the petitioner in terms of applicable statutory rules and orders. Petition alongwith CMP disposed of.