Court No. - 5
Case :- WRIT - A No. - 18386 of 2019 Petitioner :- Girija Shankar Ram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jamil Ahamad Azmi Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner and the learned standing counsel for the respondents.
This writ petition has been filed praying for the following relief:-
“(i) Issue a writ order or direction in the nature of certiorari quashing the order dated 31.8.2019 (Annexure- 6) issued by respondent no.4 so far it relates to petitioner only, as well as order dated 21.10.2019 (Annexure-3) passed by respondent no.5 so far it relates to petitioner only.
(ii) Issue a writ order or direction in the nature of mandamus restraining the respondent no.4 from shifting the petitioners by way of adjustment/samayojan from present place of posting to other school.”
A similar WRIT - A No. - 18346 of 2019 ( Manish Sharma And 10 Others Vs. State Of U.P. And 4 Others) decided on 28.11.2019 has been dismissed by this Court. The order dated 28.11.2019 in the case of Manish Sharma ( supra) is reproduced below:-
“1. Heard Sri Ashish Tripathi, learned counsel for the petitioners, Sri Shyam Sundar, learned standing counsel for the State respondents and Sri Shashi Kant Verma, learned counsel for the respondent nos. 3 & 4.
Facts:
2. This writ petition has been filed praying for the following reliefs:-
“(a) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 15.7.2019 (Vide Annexure No. 6 of the writ petition) passed by Basic Shiksha Adhikari, Sonbhadra i.e. respondent no. 4 adjusting / transferring the petitioners treating them to be surplus.
(b) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 6.11.2019 (Vide Annexure No. 8 of the writ petition) by which the representation has been rejected by the District Level Committee, adjusting / transferring the petitioners treating them to be surplus.
(c) To issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere with the peaceful functioning of the petitioners working as Assistant Teacher / Head Teacher.”
3. By the impugned order dated 6.11.2019 passed by the respondent no. 3, the representation of the petitioners against their adjustment / transferred to some other schools, has been rejected.
Submissions:
4. Learned counsel for the petitioners submits that several writ petitions are pending before this Court involving similar controversy and a copy of order dated 25.7.2019 passed in one such writ petition being Writ-A No. 11283 of 2019 (Smt. Kamla Sipal & 40 others Vs. State of U.P. & 3 others) has been filed as Annexure No. 10 to the writ petition, and therefore, the petitioners are entitled for the same interim relief. The aforesaid interim order dated 25.7.2019 in Writ-A No. 11283 of 2019 (Smt. Kamla Sipal & 40 others Vs. State of U.P. & 3 others) is reproduced as under:-
“Heard Sri Amit Saxena, learned senior counsel assisted Sri Shatrughan Yadav, learned counsel for the petitioners, learned standing counsel for respondent nos. 1 and 2 and Sri Amit Shukla, learned counsel for respondent nos. 3 and 4.
Learned counsel for the petitioners submits that State Government has issued a Government Order dated 17.6.2019 for adjustment of teachers in different educational institution run by U.P. Basic Shiksha Parishad for session 2019-20 and for that detailed procedure has been provided for "adjustment" of teachers. In paragraph 2 of the Government Order dated 17.6.2019, it is specifically mentioned that for "adjustment", maximum enrolment of previous year shall be taken for determining the student teacher ratio . He further submits that very same criteria was also adopted by Basic Education Officer of Badaun, Kushinagar, Meerut etc., but in the case of petitioners, entirely different criteria was adopted for calculating the student teacher ratio. Total number of students intake in Mid Day Meal in a year was divided by total number of days distribution of Mid Day Meal . He further submits that for fixing the teacher izs"kd] lsok eas] student ratio for "adjustment", a self generated formula was adopted and for distribution of schools dress, shocks, books sweater, the cut off date is taken as total number of students enrolled on 30th September of that year. He further submits that formula so adopted is beyond the commonsense of any prudent person and for distribution of materials, different criteria has been adopted . He further submits that formula so adopted for teacher student ratio for the purpose of "adjustment" is absolutely contravention of Government Order dated 17.6.2019 and number of student has to be calculated as it is done by Basic Education Officer, Badaun, Kushinagar, Meerut District.
Sri Amit Shukla, learned counsel for respondent nos. 3 and 4 prays for and is granted two weeks time to seek instruction about the matter.
Put up this case as fresh on 9.8.2019.
Till the next date of listing, no coercive action shall be taken against the petitioners.”
5. Learned standing counsel as well as learned counsel for the respondent nos. 3 & 4 submits that the impugned order has been passed in accordance with law.
Discussion & Findings:
6. I have carefully considered the submissions of the learned counsel for the parties.
7. Undisputably, the State Government has taken a policy decision dated 17.6.2019 to transfer Assistant Teachers of such institutions where they are surplus, to such institutions where there is single Assistant Teacher or no Assistant Teachers, so as to achieve the object of the Right of Children to Free and Compulsory Education Act, 2009 (herein after referred to as the Act, 2009), and Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 (herein after referred to as the Rules, 2011). For this purpose, the District Level Transfer Committee has been constituted which consist of District Magistrate as Chairman and four other Officers as members. The District Basic Education is member Secretary of the Committee. The policy intends to ensure that students may not suffer due to lack of teachers and every school may have sufficient teachers as far as possible, as per available work force i.e. Assistant Teachers.
8. The aforesaid Government dated 17.6.2019 is reproduced below:-
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9. The policy decision of the State Government being Government Order dated 17.6.2019 is not under challenge. Merely the order of transfer / adjustment has been challenged by the petitioners.
10. In making transfer / adjustment in terms of the policy decision dated 17.6.2019, the authorities have adopted uniform method. No specific perversity could be pointed out by the petitioners in the list of students and teachers prepared by the District Basic Education Officer, filed as Annexure No. 5 to the writ petition which is not even under challenge in the present writ petition. The impugned transfer / adjustment orders are merely consequential to the above. Therefore, it cannot interfered with.
11. Petitioners have completely failed to show any prejudice caused to them by the impugned transfer orders.
12. The State is under constitutional obligation under Article 21A of the Constitution of India and also under statutory obligation under the Act, 2009 and the Rules framed thereunder, to provide free and quality education to all children of the age of 6 to 14 years which intends a systematic change to empower deprived Sections of the Society. The present petition is clearly intended to frustrate the very object of the Act, 2009 and fundamental rights of children under Article 21A of the Constitution of India by opposing their transfer / adjustment orders without any fundamental or statutory right to remain on the place of present posting. Paragraph No.3(d) of the G.O. dated 17.06.2019 requires to secure certain information. The last paragraph of the G.O. contains policy decision that adjustment of teachers shall be made on the basis of actual number of students in the school as against the total number of students enrolled. This exercise has been undertaken by the respondents and on that basis the impugned adjustment order has been passed. Thus, impugned adjustment order is in conformity with the policy decision of the State Government dated 17.06.2019. Therefore, the impugned adjustment order cannot be interfered with.
13. For all the reasons aforestated, I do not find any good reason to interfere with the impugned transfer / adjustment orders. Consequently, the writ petition is dismissed.”
That apart, this Court specifically asked the learned counsel for the petitioner as to whether any prejudice has been caused to the petitioner by the impugned order or the impugned order adversely effects any of his service conditions or benefits but learned counsel for the petitioner could not answer the said question.
Respectfully following the aforesaid decision, this writ petition is dismissed .
Order Date :- 29.11.2019/vkg