Excelsior Correspondent
JAMMU, Dec 1: Division Bench of State High Court comprising Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey has held that transfer can be validly challenged only when transfer is vitiated by violation of some statutory provision or suffers from malafide.
The case before the DB was that the petitioner was initially engaged as Rehbar-e-Taleem in Gurez and vide order dated 31.03.2017 he was deployed in Sumbal Zone of district Bandipora and then in Government Primary School, Mir Mohalla Wangipora Sumbal.
Chief Education Officer, Bandipora, in pursuance to the instructions issued by the Chief Minister during her visit to Gurez, vide order dated 01.11.2017 directed all Zonal Education Officers/Heads of the Institutions to ensure that the teachers working on deputation in their institutions are relieved and action taken report furnished. Aggrieved over this, the petitioner knocked the doors of the High Court, which however dismissed the petition. There-after, the petitioner approached the Division Bench against the judgment of the Single Bench.
“Appellant being resident of Gurez, in accordance with Rehbar-e-Taleem Scheme has been engaged as Rehbar-e-Taleem teacher. As per scheme, selection and engagement of a Rehbar-e-Taleem teacher is linked with residence and merit. A candidate who belongs to a particular habitation is eligible to be engaged as Rehbar-e-Taleem in the school located in that habitation”, the DB observed.
“The scheme has an object which cannot be allowed to be defeated. Appellant cannot claim a right to be deployed outside habitation, what to speak of outside tehsil. If such a practice is encouraged then every person after getting employed in far flung area will always chose to move out of the area and to work at a place of his/her choice”, the DB said, adding “in such a process object of providing education in-keeping with the Rehbar-e-Taleem scheme will get defeated”.
“With these observations, Division Bench dismissed the LPA with the observations that appellant is liberty to file representation before the concerned authorities which the concerned authorities shall consider and pass appropriate orders whatever permissible under rules.
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