2025:UHC:9702 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1717/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Anil Anthwal, Advocate for the petitioner. 2. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand /respondents. 3. Petitioner is serving as Assistant Teacher in a Government Primary School in Block Betalghat, District-Nainital. According to him, he qualified separate examination held for selection of teachers for appointment in Model Primary Schools. In this writ petition, petitioner has challenged a circular issued by Director, Elementary Education on 09.02.2024. By the said circular, all District Education Officers within the State were directed to transfer teachers of Model Primary schools from one Block to another, only if vacancy on the post of teacher in a Government Model School in some other block remains unfilled due to unavailability of teacher. 4. Petitioner contends that in the past, teachers of Model Primary Schools serving in Block Okhalkanda and Block Betalghat were transferred to Block Bhimtal, therefore, the restriction imposed by the impugned circular dated 09.02.2024 is unjust and uncalled for. 5. Learned State Counsel, however, submits that teachers serving in Government Model Schools and other primary schools run by Government are governed by same set of service Rules and as per the Rules, all teachers have District Level Cadre and they can be transferred to sugam places after putting in requisite 2025:UHC:9702 length of service at durgam places. He submits that once petitioner completes the prescribed length of service at durgam places, then he can be considered for transfer to a sugam place. 6. Learned counsel for the petitioner submits that petitioner has served at durgam places for ten years, therefore, he is now become eligible for transfer to a sugam place. 7. This Court do not find any reason to interfere with the impugned circular dated 09.02.2024. Every employer has a inherent right to decide where an employee has to be posted. Teachers are meant to serve the students; therefore, the authorities of Education Department are under a duty to ensure that adequate number of teachers are available in every educational institution. Model Schools have to set an example and post of teacher, if remain unfilled in a Model School, would set a wrong example. Thus, there is no infirmity in the impugned circular, which may warrant interference. Thus, the grievance raised by the petitioner is without any substance. 8. The writ petition, however, is disposed of with liberty to the petitioner to make representation regarding his transfer to a sugam place, if he is otherwise eligible for such transfer. If petitioner makes such representation within three weeks from today, the competent authority shall consider his request and pass appropriate order, as per law, within four months thereafter. (Manoj Kumar Tiwari, J.) 03.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb90 46f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103 819DA875643AF56D653D095C6ED9A86DAAB 21CE5, cn=NAVEEN CHANDRA Date: 2025.11.04 10:54:03 +05'30'