School Management Committee vs State of H.P. and another

Justice V.K. Ahuja, J.—The present petition has been filed by the School Management Committee, Government Senior Secondary School (Girls), Paonta Sahib, for cancellation of transfer of Smt.Kamal Kant, the then Principal of the School, whereby she was transferred to Government Senior Secondary School (Boys), Taruwala, Paonta Sahib. The said Smt.Kamal Kant had also challenged the transfer orders in CWP No.4532 of 2011, which was decided on 2.8.2011 by this Court, vide which respondent No.1 was directed to consider the representation made by the petitioner for cancellation of the transfer.

The present petition has been filed by the School Management Committee for the cancellation of the transfer and according to Rule 4.11, as contained in Annexure P-7, there is a provision that in case some recommendation is made by the School Management Committee, it shall be considered by the State Government and the teacher cannot be transferred for one academic session. The School Management Committee has passed a resolution, dated 5.7.2011, upon which no decision has been taken so far, though sufficient time has elapsed.

In view of the above discussion, the present petition is disposed with the direction that the resolution of the School Management Committee, dated 5.7.2011, shall be considered and decided by the Director (Higher Education), Shimla within one month from the date of production of a copy of this judgment alongwith a copy of the resolution, referred to above, by the petitioner.

The pending application(s), if any, also stand disposed of accordingly.