HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1989 of 2024 Kamla Bisht and others …....Petitioners Versus State of Uttarakhand and others .….Respondents Present:- Mr. V.B.S. Negi, Senior Advocate, assisted by Ms. Azmeen Wason, Advocate for the petitioners. Mr. Narain Dutt, Brief Holder for the State. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The petitioners have been working as Assistant Teacher in various Government Primary Schools in District Nainital. According to them, they have been working in non accessible area for a long. They were due for compulsory transfer. The respondents authorities initiated the process for annual transfer in view of the Uttarakhand Annual Transfer for Public Servants Act, 2017 (“the Act”) for which 08.07.2024 was a date fixed for counselling. 2. The grievance of the petitioners is that they were not allowed to participate in the counselling by the respondent no.2/District Education Officer (Elementary Education) and the respondent no.3/Deputy Education Officer on the ground that the Government do not propose to make transfer of the Head Masters working in the basic schools on the ground that the norms of Right to Education Act, 2009 are to be applied in respect of transfers of Teachers and the schools having less than 150 students are not to be provided with Head Master. The petitioners seek directions to the respondents to conduct counselling for the transfer of the petitioners. 3. The respondent no.2 has filed counter affidavit. 2 4. It is admitted by State that the respondent no.2/District Education Officer (Elementary Education) Nainital had informed that norms of Right to Education Act, 2009 are to applied in respect of transfer of Head Master and in school having less than 150 students, the Head Masters will not be posted. Thereafter further pleadings have also been exchanged by the parties. 5. Heard learned counsel for the parties and perused the record. 6. Learned counsel for the petitioners would submit that the petitioners have been working in the non-accessible area for much long durations. Some of them have been working in such areas for more than 30 years. They are due for compulsory transfer. They cannot be denied transfer on the ground that a school having less than 150 students cannot have Head Master. He would submit that, in fact, in various schools where the petitioners are working, the strength of the students is even 2. A chart has been given in a supplementary affidavit, on behalf of the petitioner, which is as follows:- “Strength of Students Petitioners Name of head teacher Name of School Number of students 1 Kamla Bisht GPS Pata Khaprar 28 2 Uma Arya GPS Bedchula 25 3. Sushma Bhima GPS Jaurasi 18 4. Rajni Chaudhary GPS Umagarh 15 5. Jaya Pathak GPS Chadyula 2 6 Kavita Jala GPS Kotla 8 7 Geeta Negi GPS Kafulta 2 8 Himmat Singh GPS Bhewa 5 3 9 Ruhina Malik GPS Gadejar 18 10 Mamta Bhatt GPS Patgali 8 11 Rama Devi GPS Gajar 22 12 Rajni Rani GPS Garjoli 18 13 Maya Negi GPS Ramgarh Malla 5 14 Deepak Kumar GPS MAUNA Talla 18 15 Pooran Singh GPS Gaaj 5 16 Bhuwan Chandra GPS Patori 5 17 Satish Chandra GPS Ulgaur 18 18 Rekha Parihar GPS Baghani 14 19 Usha Barfal GPS Patrani 22 20 Manisha Pangtey GPS Izar 19 7. In fact, when the matter was heard on 29.04.2025, the Court had required the State to file a short affidavit categorically revealing as in how many basic schools in District Nainital, the strength of the students is more than 150 and also to give details as to in how many Head Masters in the basic schools are working. State has also filed a supplementary counter affidavit. In para 4 and 6 are important. They are as follows:- “4. That the details regarding the no. of basic schools of District Nainital and working Head Masters is as follows: Academic session Total no. of Government Primary School No. of working Head Masters in Government Primary Schools 2024-25 920 596 2025-26 916 574 (04 schools have been closed during academic session 2025-26) 4 6. That it is submitted here that at present in District Nainital there are 17 Government Primary Schools, where the strength of the students is 150 or above. In other words it can be said that at present in District Nainital for appointing the Head Masters on the basis of Pupil-Teacher ratio only 17 Government Primary Schools are fulfilling the Norms and Standards of RTE Act 2009. It is further submitted that out of those 17 schools there are 11 Head Masters are posted and 06 posts of Head Masters are vacant in those schools.” 8. State has admitted that in District Nainital against 916 Government School, in 574 Government Primary Schools Head Masters are working. 9. What is revealing is that in para 6 of its supplementary counter affidavit, State writes that there are 17 Government Primary Schools, where the strength of the students is 150 or above. It means that out of 574 Head Masters only in 17 Government Primary Schools, number of strength is more than 150. It does not mean that in other schools where the strength is less than 150, the Head Masters may be removed. Head Masters have been appointed in such schools also where the number of students is less than 150. 10. Apparently, there are large number of Government Primary schools, where the strength of students is less than 150 and there Head are Masters posted; In such a situation, as per transfer policy, they should be transferred. Their counselling or transfer may not be denied on the ground that there are less school having strength of the students more than 150. In view of it, this Court is of the view that the respondents may not deny the counselling of the petitioners on the ground that for transfer of Head Masters compulsorily there should be a strength of 150 or more students in a school. Accordingly, the writ petition deserves to be allowed. 11. The writ petition is allowed. 5 12. The respondents are directed that merely on the basis of students’ strength, the counselling and transfer of the petitioners should not be denied. The respondents are further directed to consider the transfer of the petitioners unaffected by the number of students in the basic schools. (Ravindra Maithani, J) 16.05.2025 Jitendra