Chhatrapati Sambhajinagar: The Aurangabad Bench of the Bombay High Court, comprising Justices Vibha Kankanwadi and Hiten Venegavkar, recently ordered that notices be issued to the State Government and other respondents to prevent declaring petitioner teachers as ‘surplus.’
The petitioners were transferred without following the prescribed procedure as per the Government Resolution (GR) dated June 18, 2024. So, they filed a petition requesting that they not be declared as “surplus teachers.” The petition will be heard on January 19.
According to the details, Siraj Nasir Pathan and nine others filed a petition through adv Sambhaji Munde stating that if, after determining student strength in a school, the number of teachers exceeds the permissible sanctioned strength, then as per the provisions of the GR, adjustment of such surplus teachers--starting with the senior-most teachers--is mandatory.
While determining surplus teachers, there is a provision to exclude the names of assistant teachers who have been temporarily appointed against the posts of headmasters or graduate teachers when calculating the number requiring adjustment.
Before carrying out the adjustment, the process of promoting teachers must be completed at the district level by July 31. After promotions, appointments must be finalised through the counselling method, and every year on September 30, the student strength and the number of teachers must be determined as per prevailing rules. However, this prescribed procedure was not followed.
The petitioners stated that, as per the GR dated June 18, 2024, their transfers were carried out without adhering to due process. “Transfers were made despite the unavailability of the vacant posts, resulting in the petitioners being treated as surplus. In this regard, representations have been submitted to the Zilla Parishad Chief Executive Officers.
Teachers have been posted in excess of sanctioned posts. In the transfer process, the principle of ‘service seniority--teacher eligible for adjustment’ was not applied. “Due to the negligence and errors of the respondents, the petitioners are being rendered surplus, the petition claimed.