BHARAT KUMAR SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the impugned order dated 20/6/2010 Annex.5 in Civil Writ Petition No. 5761/2010 passed by the District Education Officer certain teachers have been transferred upon being declared surplus from one place to another under the Equalization Policy recently announced by the State Government for being adjusted/absorbed at new place of posting. Under the various orders of the State Government dated 18/8/2009, 25/8/2009 & 23/3/2010 laying down guidelines for transfer of such teachers working in the Government Schools, the present petitioners have approached this Court on various grounds inter alia challenging the said transfers/absorption order on the ground that in their cases, the Policy Statements made by the State Govt. have not been followed and certain deviations have been made by the concerned authority while passing the impugned order of transfer passed on different dates in the last part of June, 2010.

(2.) COUNSELS for the petitioners submitted that since the Policy Statement itself permits such teachers to make representation to the competent authority for raising their grievance against the impugned transfer/absorption order from one place to another, the respondent authority should decide such representations of the petitioners expeditiously since new school session has begun from July, 2010. Learned counsels for the petitioners further submitted that till such representations are decided the status quo of their transfer should be maintained.

(3.) THE said competent authority is directed to decide such representations of the concerned teachers by speaking order within a period of two weeks from the receipt of such representations. This Court is of the view that in view of the concern for education of the students at large and since a short time is given to the competent authority to decide such representation, till such representation is decided, the status quo with regard to petitioners joining at the transferred place deserves to be maintained.