Shilpaben Bhikhabhai Patel vs State Of Gujarat

A.S. Supehia, J

In the present writ petition, the petitioner, in the prayer clause at paragraph No.20A, has made a very prolix prayer however, in short, she is claiming her transfer to the mother school.

The entire case of the petitioner hinges on Clause-5 of Chapter-H of the Government Resolution dated 01.04.2022, which reads as under:

“In all cases of surplus deficit transfer and placing the surplus teachers in the vacant places, it should be distinctly earmarked for particular section/subject and only on that clear vacant position of that section/subject shall be adjusted. After surplus transfer camp orders, till next two surplus deficit transfer camps organized for Vidhyasahayaks / Teachers / Head - Teachers, they will be entitled to get posting in parent school, if he or she wishes, then first priority shall be given to him/her. Only after that, such process of surplus deficit transfer camp is to be initiated.”

Learned advocate Mr.Majmudar has submitted that the petitioner was appointed on 09.12.2004 as a Primary Teacher. By the order dated 09.05.2017, the petitioner had selected the option of working in the Upper Primary Section from the Lower Primary Section in the subject of Social Studies in Juna Nesda Primary School and thereafter, the petitioner was declared as surplus and she filed a writ petition being Special Civil Application No.9863 of 2019, which was disposed of by the order dated 01.09.2021 since the petitioners therein had resumed their choice of posting place. Accordingly, the petitioner had also resumed the posting place as per her selection at the Nava Nesda Para Primary School, Juna Nesda Pay Center, Taluka Deesa, pursuant to which the order dated 18.09.2021 passed by the competent authority ordering the petitioner to be transferred to the said school as per the over setup camp held in December, 2020. After the aforesaid writ petition was disposed of, one camp of surplus teachers was conducted in September, 2022. It is thus, submitted that the camp, which was conducted in September, 2022, the petitioner should have been given the benefit of Clause-5 of Chapter-H of the Government Resolution dated 01.04.2022 as the petitioner would be entitled for returning to the parent school. It is submitted that now the internal transfer camp is going to be held pursuant to the communication dated 15.10.2022 and the petitioner has filled-up online form however, no option to select the parent school has been displayed and hence, the respondents may be directed to accept her application.

Per contra, learned AGP, upon instructions of Mr.S.P.Chaudhary, Joint Director, Director of Primary Education and Mr.Pradip Patel, Legal Officer, has submitted that the petitioner would not get the benefit of Clause-5 of Chapter-H of the Government Resolution dated 01.04.2022 in the present camp since the same pertains to the internal transfer camp and it is not a surplus transfer camp. It is submitted that the petitioner has got the benefit of surplus camp in December, 2020 when she had participated and thereafter, another surplus camps were held in May, 2022 and October, 2022. Thus, he has submitted that even otherwise, if the case of the petitioner is taken as such, the petitioner would not be entitled to any benefit.

As noticed hereinabove, the entire case of the petitioner hinges on Clause-5 of Chapter-H of the Government Resolution dated 01.04.2022. The petitioner has already availed the benefit of surplus camp, which was held in December, 2020 and thereafter, two surplus camps were held in May, 2022 and October, 2022. Assuming that the case of the petitioner is governed under Clause-5 of Chapter-H of the Government Resolution dated 01.04.2022, he would not be entitled to such benefits of such clause since the said clause pertains to avail the benefit till two transfer camps for surplus teachers.

Be that as it may, the present camp, as per the own statement made by the petitioner in paragraph No.6 of the memo of the writ petition, is meant for internal transfer camp i.e. intra-transfer camp and hence, the petitioner has no right to apply for getting herself posted at the mother school in view of the provision of Clause-5 of Chapter-H of the Government Resolution dated 01.04.2022.

Under the circumstances, the present writ petition fails. The same is summarily rejected.