(2001)
1 J & K LAW REPORTER 116
High Court of Jammu and Kashmir
at Srinagar
Before
Hon’ble Mr. Justice Syed Bashir-Ud-Din, Judge
TARA SINGH
Petitioner
versus
STATE OF J&K AND OTHER
Respondents
SWP No. 871 / 1998, decided on
19.9.2000.
Civil Services - Petitioner
challenged order of transfer as teacher from Boys Higher Secondary School, Baramulla to
Higher Secondary School, Singhpura - Respondents having explained the policy framed for
the purpose - Held : Order appears more in public interest than anything else - Petition
dissmissed in limine.
Advocates who appeared in this
case :
Mr. M.A. Haq for the petitioner
Sr. Additional Advocate General Mr. M.I. Qadiri for the respondents
JUDGMENT AND ORDER
Heard
Petitioner, a Teacher in Boys Higher Secondary School Baramulla, came to be posted and
adjusted as Teacher in Higher Secondary School Singhpora, vide order dated 5-5-1998. This
order is under challenge in this writ petition on grounds stated thereto. The respondents
have filed reply. It is seen that the respondent State of Jammu and Kashmir and its
Directorate of Education with a view to improve the State of things and provide better
teacher services to the students under going education in different Govt. Schools, formed
policy of rationalisation of staff, whereunder the excess staff was withdrawn from some
schools and the posts so withdrawn with or without staff were given to those schools were
there was deficiency of the staff. In the process norms prescribed by the department for
staff pattern and teacher student ratio were also kept in view. The exercise to
rationalise the under-staff pattern was undertaken and consequent on such exercise number
of posts were withdrawn from some of the schools and allotted to schools being run with
deficient strength of posts of teachers. It was consequent to this policy that the
impugned order dated 5-5-1998 came to be passed, whereunder, number of posts were so
re-allocated and as many as 40 teachers were transfered and adjusted in various schools.
The petitioner is one of the teacher who has been adjusted in a school located in
Singhpora within the District of Baramulla. No lack of jurisdiction or malafidies are
pleaded or shown to run through this order. The order appears more in public interest,
than anything else. Besides, the petitioner has been enjoying stay and posting at his
original place at Baramulla for last 2 1/2 years, under various adinterim orders of this
court.
Seen thus, and on consideration
of the matter in entirety, no ground muchless good ground, is made out to admit this
petition to hearing. The writ petition is dismissed in limine along with connected CMPs.
The interim direction (3) shall stand vacated. |
