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2009(3) Supreme 475
SUPREME COURT OF INDIA
Tarun Chatterjee and H.L. Dattu, JJ.
Dr. Ram Deen Maurya — Appellant
versus
State of U.P. & Ors. — Respondents
Civil Appeal No. 2625 of 2009
(Arising out of SLP(C) No. 22330 of 2007
Decided on : 17-04-2009
Facts of the Case :
Present Appeals have been filed against judgment and order passed by High Court where while allowing writ petition, it quashed the order passed by the State Government, wherein and whereunder the State Government had granted permission for transfer petitioner - Dr. Ram Deen Maurya from A.P.N. College, Basti to D.A.V. Post Graduate College, Lucknow, to the post which had fallen vacant due to the retirement of Dr. Ram Autar Singh.
Findings of the Court :
Respondent 5 Dr. Madhu Tandon had obtained NOC from her parent college and also from college where she intended to be transferred .The NOC issued by both colleges was earlier in point of time than that of NOC granted to Petitioner Dr.Ram Deen Maurya. However, case of management of D.A.V. Post Graduate College authorities was that NOC granted to Dr. Madhu Tandon was not by the management of institution, but by President and Assistant Secretary, who were not authorized to issue such No Objection Certificate. High Court while considering this issue, had looked into records maintained by the college authorities and on facts had come to conclusion that the NOC issued to Dr. Madhu Tandon was in order and, therefore, was not justified in contending contrary to their own records. Finding on facts by High Court, by no stretch of imagination could be criticized as perverse findings. Findings and conclusion reached by High Court on facts was held justified. Appeals were dismissed.
Result : Appeals dismissed.
JUDGMENT
H.L. Dattu, J.—
Leave granted in these special leave petitions.
1. In these appeals, the appellants question the correctness or otherwise of the judgment and order passed by the High Court in Civil Misc. Writ Petition No.5014 of 2006 dated 04.10.2007. By the impugned order, the Court, while allowing the writ petition, has quashed the order passed by the State Government dated 09.01.2006, wherein and whereunder the State Government had granted permission for transfer of petitioner - Dr. Ram Deen Maurya from A.P.N. College, Basti to D.A.V. Post Graduate College, Lucknow, to the post which had fallen vacant due to the retirement of Dr. Ram Autar Singh.
2. Case of the petitioner - Dr. Ram Deen Maurya :- Petitioner is working as a Lecturer in A.P.N. Post Graduate College, Basti in the Department of Economics. On 30.06.2002, a post of a Reader fell vacant in the Department of Economics due to the retirement of Dr. Ram Autar Singh in D.A.V. Post Graduate College, Lucknow. The petitioner wanted to be transferred from A.P.N. Post Graduate College, Basti to D.A.V. Post Graduate College, Lucknow to the aforesaid vacant post. Therefore, petitioner on 12.03.2005 applied for No Objection Certificate ( ‘N.O.C.’ for short) before the management of D.A.V. Post Graduate College for the transfer to the said vacant post. By a Resolution dated 04.04.2005, the management of D.A.V. College unanimously decided in favour of the petitioner for the issuance of NOC and accordingly issued the NOC in favour of the petitioner on 03.05.2005 for the said transfer. Petitioner on 05.05.2005 applied for the issuance of NOC in his parent College viz. A.P.N. College for transfer to D.A.V. Post Graduate College. The authorized Controller of the A.P.N. College considered the application of the petitioner and issued NOC for the said transfer on 30.05.2005. The Principal of A.P.N. College on 31.05.2005, sent the application of the petitioner to the Director of Education, (Higher Education), Uttar Pradesh for its consideration and recommendation as provided in the Uttar Pradesh Aided College Transfer of Teachers Rules, 2005.
3. Case of Dr. Madhu Tandon - Respondent No.5 : - On 24.10.2004, she had made an application for issuance of NOC with regard to her transfer to D.A.V. Post Graduate College before the management of her parent institution, viz. Prayag Mahila Vidyapeeth College, Allahabad. In this regard, NOC was issued by the management of P.M.V. College in her favour for the said transfer on 21.12.2004. Dr. Madhu Tandan, then made an application before the Management of D.A.V. Post Graduate College, for grant of NOC for her transfer to their institution. The said application was considered and a resolution was passed by the Committee of Management of D.A.V. Post Graduate College in the meeting held on 04.04.2005. Based on the aforesaid resolution, the manager of D.A.V. Post Graduate College issued NOC on 28.04.2005. After getting NOC from both the Colleges, Dr. Madhu Tandon submitted her application to the Director of Education, seeking her transfer from her Parent College to D.A.V. Post Graduate College.
4. The Director of Education (Higher Education), duly processed the said application and forwarded his recommendation to the Secretary, Allahabad Education Department, Government of U.P. on 17.06.2005 for transfer of Dr. Madhu Tandon from Prayag Mahila Vidyapeeth Degree College, Allahabad to DAV Post Graduate College, Lucknow, though the transfer application of Dr. Ram Deen Maurya was also available in his office.
5. It is stated that the petitioner had approached the Director of Education on 23.06.2005 to enquire about his transfer application and it appears that he was informed that his transfer application is not available in their records. It is further stated, that, the petitioner gave an application to the Joint Secretary, Education Department along with the Photostat copy of the application submitted before the Director of Education (Higher Educati
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