RUCHI vs STATE OF U. P. - 2018 Supreme(All) 1002

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(All) 1002

ALLAHABAD HIGH COURT
BEFORE : SURYA PRAKASH KESARWANI, J.
Smt. RUCHI ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 14395, 4963, 14096, 14099, 14100, 14102, 14105, 14112, 14128, 14147, 14157, 14159, 14160, 14162, 14168, 14174, 14199, 14205, 14210, 14212, 14215, 14219, 14244, 14245, 14274, 14276, 14278, 14281, 14284, 14367. 14423, 14548, 14582, 14612, 14624, 14632, 14639, 14649, 14656, 14671, 14683, 14741, 14823, 14873, 14939, 14967, 14973, 14976, 14988, 14996, 14998, 15004, 15008, 15026, 15063, 15070, 15075, 15089, 15112, 15116, 15149, 15153, 15172, 15185, 15186, 15204, 15295, 15312, 15349, 15394, 15403, 15466, 15474, 15475, 15485, 15486, 15488, 15495, 15500, 15503, 15506, 15630, 15632, 15644, 15651, 15663, 15669, 15689, 15690, 15695, 15697, 15705, 15710, 15720, 15733, 15742, 15774, 15835, 15854, 15863, 15874, 15937, 15951, 15959, 15972, 15976, 16012, 16043, 16061, 16066, 16113, 16119, 16132, 16211, 16265, 16333, 16339, 16349, 16374, 16376, 16438, 16477, 16528, 16531, 16558, 16601 and 16650 of 2018, decided on 13th August, 2018)

Advocates:
Counsel :
Mahima Maurya Kushwaha, Mukesh Kumar Kushwaha, Alok Kumar Yadav, Jigyasa Singh, Ankita Jain, Siddharth Singhal, Indra Raj Singh, Adarsh Singh, Shivendu Ojha, Radha Kant Ojha, Raj Narayan, Shailendra, Deo Dayal, Ravindra Kumar Tripathi, S.B. Singh, Rishi Kant Rai, Ravi Prakash Rai, Tej Bahadur Rai, Navin Kumar Sharma, Anil Kumar Singh Bishen, Seemant Singh, Ashutosh Dwivedi, Ravi Kant Yadav, Raghwendra Prasad Mishra, Mahesh Kumar Dubey, Abhishek Tripathi, Ashok Khare, Deepak Kumar Pandey, Ashish Kumar, Saurabh Tripathi, Santosh Kumar Pandey, Vinod Kumar Srivastava, Awdhesh Narayan Srivastava, Atul Dayal, Avanish Kumar Srivastava, Amit Kumar Rai, Niraj Kumar Singh, Subhash Chandra Rai, Rishikesh Kumar Maurya, Amit Kumar Gaur, Raj Kishore Pandey, Shashi Kant Sharma, Rajnikant Rai, Piyush Shukla, Pratyush Shukla, Gajendra Singh, Mahesh Kumar Dubey, S.M. Nazir Abbas Abedi, R.K. Sinha, R.B. Tripathi, Jitendra Kumar, Anurag Pandey, Arvind Kumar Singh, Suresh Chandra Dwivedi, Vinod Sinha, Mahesh Sharma, Satendra Tirpathi, Bansh Raj Mishra, Anoop Trivedi, Vibhu Rai, Sudhir Kumar (Chandraul), Ajeet Kumar Baranwal, Prabhakar Tripathi, Satyendra Kumar Pal, Venu Gopal, Sudhir Kumar Rai, Chandra Bhan Dubey, Surya Bhan Dubey, Vinod Kumar Singh, Suresh Chandra Mishra, Sanjeev Kumar Rai, Sumit Kumar Srivastava, Manisha Chaturvedi, Satyendra Singh, Ram Kumar Tiwari, Kuldeep Singh Chauhan, Vidya Kant Tripathi, Pushpendra Kumar Yadav, Dhirendra Singh, Fuzail Ahmad Ansari, Deepak Kumar Pandey, Ashish Kumar, Rahul Chaudhary, Arvind Kumar Singh, Shridhar Tripathi, Ramanand Gupta, Mujib Ahmad Siddiqui, Bhuvnesh Kumar Singh, Gunjan Sharma, Babboo Ram, Ramakant Tiwari, Mrigraj Singh, Pramil Kumar, Ajeet Kumar, Rahul Mishra, Rajeev Upadhyay, Om Singh Rathaur, Vimal Chandra Mishra, Shiva Nand Pandey, Rakesh Kumar Verma, Kartikey Singh, Saroj Kumar Pandey, Narendra Singh, Yadvendra Singh, Diwakar Singh, Dewarshi Kumar Rai, Vipin Chandra Pal, Man Mohan Singh, Agnihotri Kumar Tripathi, Hausihla Prasad Mishra, Chandra Narayan Mishra, Keshari Nath Tripathi, Arvind Srivastava, Babita Upadhyay, Tej Bhan Singh, Pushkar Kushwaha, Ram Milan Mishra, Jagdish Prasad Tripathi, Urmila Tripathi, Dharm Raj, Shobh Nath, Ajitabh Choubey, B.B. Rai, Hari Prasad Pandey, Gaurav Mishra, Krishna Murari Tripathi, Rakesh Chandra Pathak, Abhinav Ojha, Prakash Sharma, Rajendra Prasad Tripathi and Dharmendra Kumar Yadav for the Petitioner; C.S.C., Ashok Kumar Yadav, Bhupendra Kumar Yadav, Pankaj Kumar Tyagi, Virendra Chaubey, Ashok Kumar Singh, Sanjay Chaturvedi, Bhanu Pratap Singh, Akhilesh Chandra Srivastava, Sanjay Kumar, Shivam Yadav, Suresh Kumar, Mangla Prasad Rai, Pranesh Dutt Tripathi, Vikram Bahadur Singh, Amit Shukla, Manu Sharma, Ram Prakash Shukla, Santosh Kumar, Satish Chandra Yadav, Bhupendra Kumar Yadav, Chandrakesh Rai, Rajesh Khare, Raghvendra Pratap Singh, Yogendra Singh Bohra, Satish Chandra Yadav, Yatindra, Shravan Kumar Panday, Shivanu Mishra, Jai Krishna Tiwari, Daya Ram, Chandan Agarwal, Deo Dayal, Mohd Shere Ali, Ram Prakash Shukla, Ras Bihari Pradhan, Krishna Kumar Chand, Ajay Kumar Sharma, Amit Shukla, Jamwant Maurya, Prem Prakash Yadav, Pradeep Singh Sengar, Nisheeth Yadav, Jay Ram Pandey, Bhola Nath Yadav and Shashi Kant Verma for the Respondents.

Headnote:(A) U.P. Basic Education (Teachers) Service Rules, 1981 – Rule 21 – U.P. Basic Education (Teachers) (Posting) Rules, 2008 – Rule 8(2)(d) – Transfer – Inter–district – Assistant Teachers – Do not have any right for transfer or a right for consideration of their application for transfer – Applications for inter-district transfer may be entertained by competent authority only if such applications for inter-district transfer are within four corners of provisions of Rule 21 of Rules, 1981 read with Rule 8(2)(d) of Rules, 2008 and guidelines framed by Board for transfer. [Paras 23 and 28]
(B) U.P. Basic Education (Teachers) Service Rules, 1981 – Rule 21 – U.P. Basic Education (Teachers) (Posting) Rules, 2008 – Rule 8(2)(d) – Transfer – Inter–district – Assistant Teachers – Guidelines dt. 10.6.2018 framed by Basic Education Board that no teachers shall be transferred from those districts where vacancy is more than 15% and no teacher shall be transferred from eight aspirational districts identified by Niti Ayog on basis of backwardness of these districts in areas of education, health, nutrition, agriculture etc. – Validity – Guidelines cannot be said to be violative of either provisions of Act 2009, U.P. Basic Education Act, 1972, Rules 1981 or Rules 2008 or Government Orders and policy decision of Government of India – Decision not to transfer any teacher from Aspirational districts is a uniform decision to ensure free and compulsory education to most disadvantaged districts identified as Aspirational districts – Petitioners working as Assistant Teachers in Aspirational districts have no right for inter-districts transfer – Held, there is no illegality in rejecting applications for inter-district transfer of such teachers. [Paras 33, 34, 37 and 38]
Result; Petitions Dismissed.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard Sri R.K. Ojha, learned senior advocate, Sri Shailendra, Sri Indra Raj Singh, Sri Alok Kumar Yadav and other learned counsels for the petitioners, and, Sri Ajit Kumar Singh, learned Additional Advocate General assisted by Sri Mohanji Srivastava, learned counsel for the State-respondents and S/Sri A.K.Yadav, Suresh Kumar, B.P. Singh, Sanjay Kumar, Pravesh Dutt Tripathi, Virendra Chaubey, Sanjay Chaturvedi, Ashok Kr. Singh, Pankaj Kr. Tyagi, Vikram Bahadur Singh, R.P. Shukla, Satish Chandra Yadav, Akhilesh Chandra Srivastava, Manu Sharma, Amit Shukla, learned counsels representing the concerned Basic Education Officers and the U.P. Basic Education Board, Allahabad.

FACTS OF THE CASE :

2. Briefly stated facts of the cases are that the petitioners in this batch of writ petitions, are mainly female Assistant Teachers. Pursuant to the Provisions of Rule 21 of The Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as ‘’the Rules 1981'), Rule 8(2)(d) of The Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 (hereinafter referred to as ‘’the Rules 2008'), the State Government issued Government Order No. 1078/79-5-2016-15 (149)/2010 dated 13.6.2017, Government Order No. 1810/79-5-2017-15 (149)/2010 dated 20.9.2017, Government Order No. 130/79-5-2018 dated 5.2.2018, declaring the Transfer Policy for inter-district Transfer of Assistant Teachers of Basic Schools run by the U.P. Basic Education Board (hereinafter referred to as ‘’the Board’) which was followed by decision/circular of the Board being No. csŒf'kŒiŒ@4252&54@2018&19] fnukad 10-6-2018 in terms of the Rules 21 of the Rules 1981, were issued. An uniform policy was adopted that no teachers shall be transferred from those districts where the vacancy of teachers is more than 15% and no teacher shall be transferred from eight aspirational districts identified by the Niti Ayog on the basis of backwardness of these districts in the areas of education, health, nutrition, agriculture etc. and the programme ‘Transformation of Aspirational Districts’ was launched by the Hon’ble Prime Minister. Out of 115 such extremely backward districts in the country, 08 Aspirational Districts, namely Siddharth Nagar, Shrawasti, Behraich, Sonbhadra, Chandauli, Fetehpur, Chitrakoot and Balrampur; were identified in the State of Uttar Pradesh.

3. For the purposes of inter-district Transfer of Assistant Teachers, a software based process has been adopted which does not involve human intervention. The applications for transfer were invited online. Merit list for transfer was prepared awarding marks to applicants, as under:

Particulars

Marks

(a)

Differently Abled before joining service or while in service

05

(b)

Serious Illness (self/spouse/children)

05

(c)

Female

05

(d)

For every completed year of service

05 (upto 35 marks Maximum)

4. In the present batch of writ petitions, large number of petitioners are those Assistant Teachers of Basic Schools of the Board situate in Aspirational Districts, who were not transferred in terms of the decision of the Board. The other petitioners are those who are Assistant Teachers in Basic Schools situate in districts other than Aspirational Districts but were not transferred. Therefore, they filed remaining writ petitions of the present batch of writ petitions.

SUBMISSIONS ON BEHALF OF PETITIONERS:

5. Sri Indra Raj Singh in Writ - A No. 14105 of 2018 and Writ - A No. 14099 of 2018, submits as under:

(i) The cadre of the Assistant Teachers in Basic Schools being run by the Board is a District level cadre. Therefore, their transfer was earlier governed by the provisions of Rule 21 of the Uttar Pradesh Basic Education (Teachers) Service Rules 1981. Subsequently, the Uttar Pradesh Basic Education (Teachers) (Posting)

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	Particulars	Marks
(a)	Differently Abled before joining service or while in service	05
(b)	Serious Illness (self/spouse/children)	05
(c)	Female	05
(d)	For every completed year of service	05 (upto 35 marks Maximum)

2018 Supreme(All) 1002

Cases Referred (13)