High CourtsSingle Bench(2000) 09 J&K CK 0008

Tara Singh vs State and others

Jammu And Kashmir High Court · Decided on 19 September 2000 · Citation: (2001) 1 SCT 866

HON’BLE JUDGES
Syed Bashir-ud-Din, J
CASE NUMBER
Service Writ Petition (SWP) No. 871 of 1998

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Judgment

17 paragraphs · 334 words

Syed BashirudDin, J.

1.Heard.

2.

Petitioner, a Teacher in Boys Higher Secondary School Baramulla, came to be posted and adjusted as Teacher in Higher Secondary School

Singhpora, vide order dated 5.5.1998. This order is under challenge in this writ petition on grounds stated thereto. The respondents have filed

reply. It is seen that the respondentState of Jammu and Kashmir and its Directorate of Education with a view to improve the state of things and

provide better teacher services to the students undergoing education in different Govt. Schools, formed policy of rationalisation of staff,

whereunder the excess staff was withdrawn from some schools and the posts so withdrawn with or without staff were given to those Schools

where there was deficiency of the Staff. In the process norms proscribed by the department for staff pattern and teacher student ratio were also

kept in view. The exercise to rationalise the understaff pattern was undertaken and consequent on such exercise number of posts were withdrawn

from some of the Schools and allotted to schools being run with deficient strength of posts of teachers. It was consequent to this policy that the

impugned order dated 5.5.1998 came to be passed, whereunder, number of posts were so re allocated and as many as 40 teachers were

transferred and adjusted in various schools. The petitioner is one of the teachers who has been adjusted in a School located in Singhpora within the

District of Baramulla. No Lack of jurisdiction or mala fides are pleaded or shown to run through this order. The order appears more in public

interest, than anything else. Besides, the petitioner has been enjoying stay and posting at his original place at Baramulla for last 21/2 years, under

various ad interim orders of this Court.

3.

Seen thus, and on consideration of the matter in entirety, no ground much less good ground, is made out to admit this petition to hearing. The

Writ Petition is dismissed in limine alongwith connected CMPs. The interim direction(s), shall stand vacated.