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TMI Blog2023 (8) TMI 1550X X X X Extracts X X X X X X X X Extracts X X X X ..... al is produced to justify the said stand. The order of rejection has to be considered on the basis of the reasons mentioned and not on any other extraneous consideration. The argument made that pupil teacher ratio was a relevant factor is not borne out from the impugned order of the Head of the Institution. There cannot be any doubt that in an appropriate situation interest of the student could be the over-riding consideration. In a given situation it is possible that although a teacher is eligible for transfer an immediate replacement may not be possible and the recruitment process for the said post would take such time the transfer may be given effect to from a future date. However, once a teacher fulfills the eligibility criteria, the au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e application had expressed their no objection to release the petitioner, however, the District Inspector of School (S.E), Uttar Dinajpur refused it on the ground of Single Teacher. This order was not challenged by the petitioner. The second application was submitted by the petitioner on 24th September, 2021, which was rejected by Head of the Institution on the ground of out of 10% . The third application of the petitioner was submitted on 10th February, 2022, which was also rejected on similar ground. This time she challenged the order of the Head of the Institution in refusing to consider her application for transfer by filing a writ petition. 3. Learned Single Judge on a meaningful reading of the provision laid down in Gazette Notificati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since the provisions and Rules are made for transfer of a teacher under which a teacher can opt for transfer, such provisions also cannot be ignored. A reasonableness and balance must work together. The teachers are employed to impart education to the students, the future of the nation. So the interest of the students must be of paramount importance while considering the case of transfer of a teacher. The discretion of the State authority has to be exercised judiciously and squarely within the framework of law relating to transfer but equally keeping in mind that the interest of the students should be of paramount importance where the Pupil-Teacher Ratio must have a crucial and decisive role to be weighed. (emphasis supplied) 5. Learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be considered on the basis of existing and/or prevailing rules. We do not find any material to reject the said application of the petitioner by the Head of Institution on the ground of out of 10% and no sufficient material is produced before us to justify the said stand. The order of rejection has to be considered on the basis of the reasons mentioned and not on any other extraneous consideration. The argument made that pupil teacher ratio was a relevant factor is not borne out from the impugned order of the Head of the Institution. There cannot be any doubt that in an appropriate situation interest of the student could be the over-riding consideration. However, at the same time if a teacher fulfills the eligibility criteria for transfe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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