Case listed for arguments on March 17
Legal correspondent
Srinagar: High Court on Monday accepted to hear a petition of EJAC President, Abdul Qayoom Wani challenging the order of a single bench that rejected his plea against his transfer order issued by the Directorate of School Education, Kashmir (DSEK).
Wani through his counsel Mian Abdul Qayoom challenged the order of single bench and the matter was placed before a division bench of Justice Bansi Lal Bhat and Justice G S Walia for hearing.
The bench admitted the petition for hearing after consensus of counsels for final consideration. Bench listed the case for continuation of arguments on March 17.
During hearing Additional Advocate General on behalf of the State assured the court that position existing as on date will be maintained till matter is finally disposed off.
Wani had approached High Court to challenge his transfer order saying the DSEK was ‘deadly’ against the Teachers Forum and the transfer order has been issued on the basis of animosity. However a single bench of Justice Ali Mohammad Magrey rejected the plea of Wani on the ground that only Wani was not transferred, but large number of teachers/Masters/In-charge Headmasters were also transferred.
On February 02, DSEK had cancelled the attachment of about 450 government teachers and transferred them to various schools of the state. As per the order, Wani was transferred to Government High School in his native village, Tangmarg.
“It is not a case where the petitioner has been singled out much less for any extraneous consideration or that there has been any pick and choose resorted to by Director School Education,” it observed.
Justice Magrey in his judgment had stated that right to form an association or union does not reserve or create a right in any union office bearer to seek posting of his choice or refuse to obey a transfer and posting ordered in the interests of administration
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