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Issues: Whether the rejection of the teacher's transfer application on the ground of "out of 10%" was sustainable and whether the application had to be considered with reference to the norms prevailing at the time of consideration.
Analysis: The transfer request was to be assessed on the basis of the existing and prevailing rules. The rejection order did not disclose any sufficient material to justify refusal on the stated ground, and the reliance placed on pupil-teacher ratio was not borne out from the impugned order. While the interest of students is a relevant consideration in transfer matters, once the eligibility criteria are satisfied the authority must proceed in accordance with the governing norms and take steps for filling any resultant vacancy within a reasonable time. The matter was therefore required to be examined by the competent authority on verification of records and relevant documents, with consideration of the norms in force at the relevant point of time.
Conclusion: The rejection order was set aside and the Commissioner of School Education was directed to reconsider the transfer application afresh on the basis of the prevailing norms and after hearing the concerned parties.