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Mynotes_247 MP HIGH COURT JJA ENGLISH TYPING MOKE TEST 2
created Nov 7th, 17:49 by Anamika Shrivastava
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Petitioner has challenged the transfer order dated 04.10.2024 issued haby Commissioner, Directorate of Public Instructions, Bhopal whereby the petitioner has been transferred from Govt. Girls Higher Secondary School Alot to another Govt. Girls Higher Secondary School, Taal District Ratlam by treating her as Surplus Teacher. As per the petitioner, by order dated 11.08.2023, a scheme was floated by the School Education Department and as per the Scheme in every Higher Secondary School up to 160 students, there will be one teacher of each subject and if the number of students are more than 160, one additional teacher will be posted upto further 160 students. Learned counsel for the petitioner submits that in Govt. Girls Higher Secondary School, Alot District Ratlam, there are 199 students and therefore there are two sanctioned posts for teachers of economics subject. Petitioner is posted as WP-31479-2024 NEUTRAL CITATION 2024:MPHC-IND:29174 Economics Teacher in the school among two teachers of economics subject and in this way there is no surplus teacher of economics subject in the school, however, District Education Officer, Ratlam prepared a list of surplus teachers, wherein the name of the petitioner has been included as Surplus Teacher and consequently by order dated 04.10.2024, the Commissioner, Directorate of Public Instructions Bhopal issued the impugned order of transfer. Learned counsel for the petitioner further submits that when the name of the petitioner was included in the list of Surplus Teacher, the petitioner submitted a representation on 20.09.2024 clarifying the fact that there is no surplus teacher in the school but without considering the same, the transfer order has been passed. He further submits that as there is no Surplus Teacher in the School, the transfer order is based on the incorrect facts and same is liable to be set aside. He further submits that the transfer order has been passed without application of mind and without considering the representation of the petitioner. Learned counsel for the petitioner submits that the petitioner is still working on the same place and has not been relieved till now. Learned Government Advocate appearing on behalf of the respondent/State submits that the transfer order has been passed as per the
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