HANSABEN HINGOLBHAI KHAMBHLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP waives service of notice of rule for the respondent-State.

(2.) The present writ petition is filed challenging the provision of Chapter H-A-(3) of the policy dtd. 14/10/2022 fixing the seniority of the teachers by considering the continuity from standard I to V and VI to VIII and thereafter, declaring such teachers as surplus. The petitioner is aggrieved of the transfer order though the same is not issued seeking the action of declaring her surplus. The petitioner had participated in the surplus camp, which was held for transfer on 21/10/2022. However, the transfer order is not passed. Thus, the petitioner having participated in the transfer camp and subsequently challenging the action taken on behalf of the respondent authorities.

(3.) Learned advocate Mr.S.M.Patel has submitted that the impugned paragraph of Chapter H-A-(3) of the policy dtd. 14/10/2022 is required to be quashed and set aside since the respondents have considered the entire service from lower primary to upper primary for declaring the petitioner as surplus, which could not have been done. It is submitted that both the Sec. are different and hence, the seniority of the petitioner was required to be counted from 16/12/2015 i.e. from the date of entry in the school at Railway Station Primary School. Thus, it is submitted that the entire exercise of declaring her surplus and the policy dtd. 14/10/2022, more particularly Chapter H-A-(3) may be declared as illegal and is required to be set aside.