By the Court.—Heard Sri Narendra Pratap Singh, learned counsel for the petitioner. Learned Standing Counsel for the respondent State, Sri Ashok Kumar Singh, learned counsel for respondent Nos. 2 and 3 and Sri Mrigraj Singh, learned counsel for respondent No. 1.

2. The writ petition is being decided, on consent, without calling for counter-affidavit as per Rules of the Court.

3. Petitioner was appointed Assistant Teacher on 9 November 2015 and posted at Primary School Patkhauli, Block Dumariyaganj, district Siddharth Nagar. Petitioner by the instant writ petition seeks transfer from district Siddharth Nagar to district Jaunpur which is not being considered by the second respondent, Board of Basic Education, U.P. Allahabad (for short ‘Board’). Hence, a challenge has been raised declaring sub-clause (d) of sub-rule (2) of Rule 8 of Uttar Pradesh Basic Eduation (Teachers) (Posting) Rules, 2008 (Rules 2008) ultra vires of the Constitution of India.

4. Learned counsel for the petitioner submits that Rule 8(2)(d) of Rules 2008 is discriminatory and the classification between married and unmarried female teachers offends equal protection of law guaranteed under Article 14. The fact