JUDGMENT :

1. Heard Shri Santosh Kumar Shukla, learned counsel for the petitioner and learned Standing Counsel for the State.

2. Originally, the present petition was filed to challenge the transfer order dated 13.07.2021 whereby the petitioner, who was then working as Assistant Teacher (Mathematics) at Government Inter College, Nandgram, Ghaziabad, was transferred intra-district, to Government Inter College, Tyodi, Ghaziabad.

3. Perusal of the aforesaid order reveals, it provided for a solitary transfer of the petitioner. There was no other or corresponding transfer contemplated or disclosed therein. Upon the petition being entertained, vide order dated 20.09.2021, it was provided, the petitioner may not be relieved unless he has already been relieved. As a fact, the petitioner came to be relieved.

4. On 03.09.2021, another transfer order came to be passed whereby the petitioner was transferred, this time inter-district, from Government Inter College, Tyodi, Ghaziabad to Government Inter College Anooppur, Dibai, Hapur. Accordingly, the petitioner sought amendment to the writ petition. It was allowed. Order dated 03.09.2021 (annexed to the C.M. Amendment Application No. 2 of 2021), also speaks of a single transfer -of the petitioner, from Government Inter College, Tyodi, Ghaziabad to Government Inter College Anooppur, Dibai, Hapur.

5. The counter affidavit reveals, the transfer of the petitioner was not occasioned by any request of the petitioner. Rather, the initial transfer was made under the 4% Minister's quota contemplated under Clause 10 of the Government Order dated 18.04.2018, as made applicable to the academic session 2021-22. That discretion was exercised solely to accommodate one Smt. Pooja Tyagi at Government Inter College, Nandgram, Ghaziabad. She was earlier working as an Assistant Teacher at Government Higher Secondary School, Salempur Gurjar, Gautam Budh Nagar. Then, the second transfer order was occasioned on part acceptance of the objection of the petitioner being found true i.e., there did not exist any vacant post of Assistant Teacher (Mathematics) at Government Inter College, Tyodi, Ghaziabad. No other reason has been disclosed.

6. As to legality of the action/transfer order, perusal of the Government Order dated 18.04.2018 reveals, it provides for mechanism to transfer teachers on their own request, only. It does not contain a general policy statement to enable transfer of teachers, on administrative considerations or generally. Even to transfer teachers on their own request, applications could be made to seek transfer to a post mentioned in the list of vacant posts only (available at various institutions at different districts), as notified and uploaded on the related website in terms of Clause 4(4) of the Government Order dated 18.04.2018. By virtue of Clause 4(5) of that Government Order, the desirous could apply for transfer only against such notified vacant posts, and no other. No disclosure has been made in the counter affidavit as to the then existing vacancy position at different institutions at different districts, against which the said Smt. Pooja Tyagi may have applied, to be transferred.

7. Suffice to note, undisputedly, the post of Assistant Teacher (Mathematics) at Government Inter College, Nandgram, Ghaziabad was never vacant. The petitioner was serving at that institution from before. He had not applied for transfer. Second feature of that transfer policy is – inter-se preference to be given in consideration to be made on all transfer applications. In that four categories of applicants were specified in Clauses 3 (i), (ii), (iii) and (iv) of the Government Order dated 18.04.2018. They were entitled to preferential consideration.

8. Prima facie, Smt. Pooja Tyagi does not appear to qualify for preferential consideration under any of those categories. While she had claimed death of both her parents and had further claimed ill-health of her mother-in-law, those facts/circumstances were not inclu