IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 199 (SS) of 2010 Mohd. Fuzail Ansari and others …Petitioners Versus State of Uttarakhand and others …Respondents Mr. Sharad Sharma, Senior Advocate assisted by Mr. Kamlesh Lohani, Advocate present for the petitioners. Mr. H.M. Raturi, learned standing counsel present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. Sharad Sharma, Senior Advocate assisted by Mr. Kamlesh Lohani, Advocate for the petitioners and Mr. H.M. Raturi, learned Standing Counsel for the State of Uttarakhand. The petitioner has filed this writ petition challenging the transfer of certain private individuals of Primary School from rural area to urban area. According to the petitioner, such a transfer from rural area to urban area is not permissible under the law. Such persons, who have been transferred vide order dated 26.08.2009, however have not been made in the writ petition. These private individuals (Teachers) are necessary parties in the writ petition. Moreover, the petitioners have obtained an interim order in their favour on 05.04.2010. The writ petition is, therefore, liable to be dismissed on the ground of non-joinder of parties. As such, the writ petition is hereby dismissed. Interim order dated 05.04.2010 is vacated. The liberty is however, given to the petitioners to file a fresh writ petition after impleading all the necessary parties and the fact that the present writ petition has been dismissed on the ground of non-joinder of parties shall not come in the way of the petitioners. (Sudhanshu Dhulia, J.) Dated: 29.09.2011 VKG