JUDGMENT :

[Saral Srivastava, J.]

1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the petitioners, learned Standing Counsel for respondent No. 1 to 3, Ms. Dolly Dwivedi, Advocate holding brief of Ms. Archana Singh, learned counsel for respondent Nos. 4 & 5 and Sri Manish Dev, Advocate holding brief of Sri Ajay Kumar Sharma, learned counsel for respondent No. 6.

2. The petitioners by means of the present writ petition have prayed for the following reliefs :

''(i). A writ, order or direction of a suitable nature commanding the respondent No. 4 to forthwith sanction mutual inter district transfer of the two petitioners on the basis of their applications dated 3.3.2021 and 5.3.2021 within a period to be specified by this Hon'ble Court.

(ii). A writ, order or direction of a suitable nature commanding the respondent to permit the petitioner No. 1 to function as an Assistant Teacher in Junior Basic School of District Gautam Budh Nagar and to permit the petitioner No. 2 to function as an Assistant Teacher in a Junior Basic School of District Saharanpur and to pay them their regular monthly salary against such respective post.''

3. The brief facts of the case are that petitioners were selected and appointed as Assistant Teacher in pursuance to the recruitment undertaken by the respondent-Board in the year 2017-18 for recruiting 69,000 Assistant Teachers. The petitioner No. 1 was appointed on 1.11.2018 and posted at Prathmik Vidyalaya, Tapri Kalan, Development Block Balia Kheri, District Saharanpur while the petitioner No. 2 was appointed on 8.2.2018 and posted at Prathmik Vidyalaya Nagla Bhatona, Development Block Jewar, District Gautam Budh Nagar.

4. The husband of the petitioner No. 1 namely, Anil Kumar Mittal, is an employee of Delhi Judicial Academy falling under the control of Delhi High Court. On such account, the petitioner No. 1 desired to be posted in District Gautam Budh Nagar which is adjacent to Delhi. The petitioner No. 2 is a resident of District Saharanpur and desired to be posted at Saharanpur.

5. The State Government issued a Government Order dated 2.12.2019 inviting applications for inter-district transfer to be submitted on or before 20.1.2020. Paragraph 2(1)(a) of the Government Order dated 2.12.2019 provides that male teachers who had completed three years minimum service as regular teacher and female teachers, who had completed minimum period of one year of satisfactory service, were eligible to apply for inter-district transfer.

6. According to para 17 of the aforesaid Government Order, the eligibility was to be computed on the date the Government Order was issued.

7. The further case of the petitioners is that on account of limitation contained in paragraph 2(1)(a) of the Government Order dated 2.12.2019 with regard to the minimum length of service, the petitioners even though desirous of mutual transfer, could not submit application for mutual transfer pursuant to the Government Order dated 2.12.2019.

8. It appears that subsequently, Government Order dated 16.2.2021 was issued whereby, clause 2(1)(a) of the Government Order dated 2.12.2019 was clarified by which it waived the stipulation of minimum length of service in Government Order dated 2.12.2019 for mutual transfers. As the petitioners did not fulfill the minimum length of service as prescribed in Clause 2(1)(a) of the Government Order dated 2.12.2019, therefore, they did not submit online application for grant of mutual transfer.

9. It is stated that despite the clarification of clause 2(1)(a) of the Government Order dated 2.12.2019 by Government Order dated 16.2.2021, no time was granted to the teachers like petitioners to submit online application for consideration of mutual transfer as these teachers could not submit online application due to stipulation of minimum length of service for being eligible to apply for inter district transfer.

10. Thereafter, the petitioner No. 1 filed application on 3.3