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2020 Supreme(All) 177

SURYA PRAKASH KESARWANI
Manoj Kumar – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Navin Kumar Sharma
For the Respondent: C.S.C., Santosh Kumar

JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard Sri Navin Kumar Sharma, learned counsel for the petitioners, learned standing counsel for respondent No.1 and Sri Santosh Kumar, learned counsel for respondent Nos.2 and 3.

2. This writ petition has been filed praying for the following relief:

    "(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to delete the column-8 (4) clause of Government Order (Transfer Policy) dated 02.12.2019.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to extend the benefit of 05 additional quality points to the female teachers."

3. Learned counsel for the petitioners submits that the impugned policy decision of the State-Government for the transfer of Assistant Teachers in Basic Schools run by the U.P. Basic Education Board, is discriminatory inasmuch as a discrimination has been made between male assistant teachers and female assistant teachers in matters of transfer since five marks under Clause 8(4) of the Transfer Policy has been allotted to female teachers and they have been permitted to opt for transfer after one year of service while the same facility has not been extende

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