STATE TIMES NEWS
JAMMU: A Division Bench of State High Court comprising Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey in a Letter Patents Appeal (LPA) held that transfer can be validly challenged only when transfer is vitiated by violation of some statutory provision or suffers from malafide.
Division Bench observed that petitioner initially has been engaged as Rehbar-e-Taleem Gurez. Vide order dated March 31, 2017 was deployed on the instructions of Minister for Education in Sumbal Zone of District Bandipora. In pursuance to order dated April 17, 2017 of Zonal Education Officer, was performing duties at 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 November 1, 2017 has 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 thereof, writ petition was filed which has been dismissed vide judgment impugned.
Division Bench observed that 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 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, in the 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 to pass appropriate orders thereon whatever permissible under rules.