Vishal Kumar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6598 OF 2019 Vishal Kumar Gupta S/o Shri Dilip Kumar Gupta Aged About 32 Years Working of The Post of Teacher (L.B.) Science Subject Government Middle School Kerta Block - Balrampur, District - Balrampur Ramaujganj Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through - The Secretary, Department of School Education Mahanadi Bhawan, Atal Nagar Nava Raipur District - Raipur Chhattisgarh.

2. The Collector Balrampur District Balrampur - Ramanujganj Chhattisgarh.

3. Block Education Officer, Balrampur District Balrampur - Ramanujganj Chhattisgarh.

... Respondent(s) For Petitioner :

Shri A.N. Pandey, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 28.08.2019

1. Challenge in the present Writ Petition is to the order dated 12.07.2019 whereby the petitioner has been transferred from Govt. Middle School, Kerta, Block Balrampur to Govt. Middle School, Kalikapur, Block Ramchandrapur.

2. The sole ground on which the transfer order is being challenged is that on the petitioner getting transferred there will be dis-balance so far as teacher and student ratio is concerned as is required under the policy of the State Govt. as well as under the Right to Education Act.

3. This court is of the opinion that this cannot be a ground for challenging the transfer order so far as the petitioner is concerned as the petitioner is being sent in the same capacity to a different school. So far as student teacher ratio is concerned, it is for the State Govt. to ensure that their own

policy for Education as also posting of sufficient teachers in a particular school is concerned, is taken care of.

4. It is expected that the respondent No.2 shall take necessary steps in ensuring that all the schools under the respondent No.2 have sufficient number of teachers in accordance with Education Policy of the State as also the requirement under the Right to Education Act.

5. The writ petition thus being devoid of merit deserves to be and is rejected. Sd/- (P. Sam Koshy) Judge inder