JUDGMENT :

ASHUTOSH SRIVASTAVA, J.

1. All the above referred writ petitions involve identical questions of law and facts. The Writ Petition (A) No. 17977 of 2021 is being treated as the leading writ petition and the facts pertaining to the same is being considered for deciding the controversy involved.

2. Heard Sri Navin Kumar Sharma, learned counsel for the petitioner, Sri Pranesh Dutt Tripathi, learned counsel appearing for the Respondents Nos. 2 and 4 as also learned Standing Counsel appearing for the State-Respondents.

3. The writ petition (Writ Appeal No. 17977 of 2021) has been filed assailing the order dated 31.12.2020 downloaded from the website of the U.P. Board of Basic Education, Prayagraj, whereby and whereunder the claim of the petitioner for Inter-District Transfer from Bahraich to Bareilly, has been rejected on the ground that the transfer sought was an aspirational district transfer and not permitted under the Government Order dated 02.12.2019.

4. It is contended by learned counsel for the petitioner that the petitioner was appointed as Assistant Teacher in Primary School in District Bahraich vide order dated 31.12.2015 and joined her services on 01.01.2016. In the year 2019 the petitioner was placed in Primary School Ahiraura, Block Chhitaura, District Bahraich under placement order dated 05.12.2019 and joined the said institution on 16.12.2019. The husband of the petitioner is running a business in District Bareilly. The petitioner has two children, 11 years old and 3 years old and both are residing at Bareilly along with their father and grandparents. The petitioner herself is a cancer patient whose treatment is going on at Kishlata Cancer Hospital, Bareilly. The petitioner is stated to be on medical leave and undergoing chemotherapy at Bareilly. The cancer has also affected the lungs of the petitioner and she is also undergoing treatment for her lung ailment at Yashoda Cancer Institute at Ghaziabad. Relevant documents have been filed on record to establish that the petitioner is a cancer patient and is undergoing treatment. The petitioner has sought Inter-District Transfer on medical grounds considering her ailment to District Bareilly from District Bahraich her present place of posting.

5. It is contended that the U.P. Basic Education (Teachers) (Posting) Rules, 2008 have been framed under Section 19 (1) of the U.P. Basic Education Act, 1972. Rule 8 of the 2008 Rules provides for Inter-District Transfer. Rule 21 of the U.P. Basic Education (Teachers) Service Rules, 1981 also relates to transfer of the teachers. The State Government has issued a Government Order dated 02.12.2019 laying down the policy for the year 2019-20 for Inter-District Transfer. Clause 13 of the Government Order dated 02.12.2019 imposes restriction upon the teachers appointed in the aspirational districts like Siddharth Nagar, Shravasti, Bahraich, Sonebhadra, Chandauli, Fatehpur, Chitrakoot and Balrampur. The Clause 13 of the Government Order dated 2.12.2019 is being reproduced here under:

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6. The Government Order dated 02.12.2019 came to be challenged in a bunch of writ petitions leading amongst them being Writ Appeal No. 878 of 2020, Divya Goswami vs. State of U.P. and Others. The writ petition was finally decided vide order dated 03.11.2020. The Court concluded that the following observations/directions be necessarily kept in mind before finalizing the list of teachers seeking inter-district transfer:

“(I) No inter district transfer shall be done in the mid of the academic session.

(II) Transfer