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Judgment
KULDEEP TIWARI, J. (Oral)
The petitioner, by filing the instant writ petition under Article 226/227 of the Constitution of India, prays for a Mandamus upon the respondents to consider his claim for transfer from Government Senior Secondary School, Bhagta, District Bathinda, to the School of Eminence, Fazilka, against a vacant post, in the second round of inter-district general transfers, in view his application dated 23.07.2026 (Annexure P-3).
At the outset, learned counsel for the petitioner as well as learned State counsel are ad idem that the issues raised in the present petition have already been dealt with by this Court, vide decision dated 17.08.2026, rendered in CWP-9706-2026 (Aashish Kalra Vs. State of Punjab and others). Therefore, they submit that the petition may also be disposed of, in the same terms.
It is a conceded position that this Court, while disposing of a batch of petitions, lead case being Aashish Kalra (supra), has already adjudicated upon the issues, as raised in the matter at hand, and issued the following directions:-
“8.During the course of hearing, which has encompassed manifold dimensions of the grievances, the Secretary, Department of School Education, fairly admits that the Policy in question, indeed, warrants comprehensive re-examination. Further, she fairly submits that, in fact, the Policy ought to be devised to address all such issues, which may possibly invite the attention of the State Government.
9.In the wake of the abovesaid conceded position, and having regard to the far-reaching consequences, which a large number of employees across the State may face, this Court, at this stage, deems it appropriate to refrain from adjudicating the matter on merits, enabling the authorities concerned to set right the anomalies, at the first instance. Accordingly, on the basis of the fair stand set out on behalf of the respondent-State, as narrated above, the present petitions are disposed of, with the following directions:-
a)The Secretary, Department of School Education, Punjab, shall constitute a Committee to re-examine the Policy in question in all aspects, including the issues, as demonstrated above, with a view to rectify the anomalies and ensuring complete transparency, thereby, leaving no discretionary powers with the authorities concerned to be exercised arbitrarily, within a period of three months from today.
b)The Secretary, Department of School Education, Punjab, shall also constitute a separate Committee, within two weeks from today, which, after hearing all the stakeholders, including the petitioners, shall pass a speaking order qua every petitioner, thereby addressing his/her grievance, within a period of eight weeks from today.”
In view of the above, this Court is not required to delve into the merits of the petition at hand, and the same is disposed of, in terms of Aashish Kalra (supra). Consequently, the petitioner shall file a comprehensive representation with the Secretary, Department of School Education, Punjab, within three weeks from today. The Secretary, in turn, shall either constitute a fresh Committee or refer the representation to the Committee already constituted or to be constituted, in pursuance of the abovesaid directions, which shall, after hearing the petitioner, decide the same by passing a reasoned and speaking order within a period of eight weeks thereafter.
However, in the event of default in compliance of the hereinabove directions within the stipulated period, the petitioner is at liberty to move apt application(s) for revival of the instant petition.