MP HC | Transfer of the only teacher in school stayed until State’s reply; Court holds order as illegal, without application of mind and contrary to the public policy

Madhya Pradesh High Court: Sanjay Dwivedi, J., decided in the matter of a petition which was filed challenging an order whereby the petitioner had been transferred from Government Middle School Sewara-Sewari to Government Middle School, Batyawada.

Counsel for the petitioner submitted that in the school where the petitioner was posted, the strength of enrolled students was 72 and the petitioner was the only teacher in that school and if he is transferred then there will be no teacher in the school as nobody has been brought in place of the petitioner.

The Court was surprised about the fact that on the one hand the Government is transferring its sole employee from a school having 72 enrolled students and on the other hand, neither anybody has been brought nor any alternative arrangement has been made and in this situation it is arduous to gather as to how the School would run in the absence of sole teacher and who would take care of the students of that school.

The court was of the opinion that the impugned order was issued by the authorities without applying its mind, which draws a presumption that the government authorities have no compassion with the future of the students and no concern with the educational system, however, it is manifestly required duty of the government to act in the interest of public.

The Court stayed the order and held that it would be improper to allow implementation of the impugned order in respect of the petitioner because if he is relieved then school where the petitioner is posted would become teacher-less. The counsel for the respondents-State was directed to seek instructions and apprise this Court as to whether any alternative arrangement had been made by the government authorities by posting a teacher in the school where petitioner was presently posted, or not.[Sarawati Kumar Bharti v. State of M.P., WP-18006 of 2021, decided on 09-09-2021]


Suchita Shukla, Editorial Assistant has reported this brief.


Advocates before the Court:

For the petitioner: Mr Rajesh Prasad Dubey

For the respondent/State: Mr Sachin Jain

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