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12. This bunch of writ petitions now challenge the Government Policy brought into force vide Government Order dated 2.12.2019 almost in the same way as was brought into force vide Government order dated 13.6.2017. The ground of challenge this time is again the same as to whether the Government can lay down condition for the teachers who have already opted for transfer once successfully, to disentitle them from making request for transfer again. It is worth noticing that this condition is not applicable in respect of those who have applied in the past and were unable to get transferred, and also in respect of spouse of paramilitary force, CRPF, CISF, SSB, Assam Rifle, ITBP, BSF and those who are disabled/ suffering from incurable / serious disease and in matters of single parents as well.

"9. The impugned transfer policy dated 02.12.2019 is a policy decision of the State Government. The State Government has taken a policy decision in its wisdom to give some weightage or preference to female assistant teachers for transfer which may be for variety of reasons including social reasons. Clause (2) of para-8 provides for 10 quality point marks to differently abled assistant teachers. Clause (3) provides for 10 point quality marks to those teachers who is either himself or his/ her spouse or children are suffering from the specified critical diseases. Clause (4), which has been challenged in the present writ petition, provides for 5 quality point marks to female teachers. Clause (5) provides for 10 quality point marks to such male or female teachers whose spouse is in government service. Clause (6) provides for five quality point marks to single parents, e.g. widow/ widowed/ divorced etc. Clause (7) provides for 5 quality point marks to teachers who received national award and 3 quality point marks to teachers who received State award.

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36. In order to find answer to the issues it is necessary to discuss the mandate of the legislature in determining cadre of Assistant Teacher in junior and senior basic schools, under the Basic Education Act, 1972 and the Recruitment Rules, 1981 framed for selection and appointment of such teachers, Posting Rules, 2008. While Basic Education Act, 1972 lays down broad based scheme for running basic education system in the State, it provides for recognition of the various schools be junior or senior basic schools, either to be run by Basic Education Board or by private management and absolute executive control over them. In order to facilitate the appointment and selection against the vacancies of assistant teachers both in junior basic schools and senior basic schools, run by Basic Education Board created and constituted under the Basic Education Act, 1972, exercising power under Section 19 of the Basic Education Act, 1972, the Recruitment Rules, 1981 were framed and further Posting Rules came to be framed in the year 2008 which further specify the period of posting in various areas like in rural areas as well as in urban areas. Further with the enforcement of Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as Act, 2009) which prescribes pupil teacher ration (for short PTR), the Posting Rules, 2008 came to be amended in the year 2010 so as to achieve the objectives set forth in Act, 2009.

48. While the female Assistant Teachers may be required to be transferred to another districts to look after the single parents then one option can be permitted before their marriage but after marriage only one transfer is enough. However, in case of female teachers whose husbands are in armed forces or in paramilitary forces or Border Security Force, then entertainment of applications for transfer of such teachers for different posting of their husbands at an interval of every three or four years can result in serious jolt to the objectives set forth under the Act of 2009 and the Posting Rules, 2008. The provision should be such that there would be only one time transfer option to be exercised by an Assistant Teacher and the only exception should be for the second time in case if one is suffering from any serious incurable disease or such serious disease that needed medical help and sustained medical treatment. This option of second time should be an exception to the general rule of transfer in respect of categories of teachers whether male and female or disabled persons.