JUDGMENT :

1. Petitioners in the present writ are Assistant Teacher working in Primary Institution run by the District Basic Education Board. Petitioner No. 1 was appointed by District Basic Education Officer, Kaushambi on 10.3.2019 and is posted in Block Nevada, District Kaushambi. Petitioner No. 2 is appointed as Assistant Teacher in Block Dhanupur, District Prayagraj. Petitioner No. 1 claims to be a resident of District Prayagraj; where petitioner no. 2 is a resident of District Fatehpur. Both the petitioners are desirous of seeking inter-district transfer. They have approached this Court challenging Clause 1 and 15 of the Government Order dated 2.6.2023 as well as the consequential circular issued by the Secretary, Board of Basic Education, dated 8.6.2023. A further prayer is made to command the respondents to entertain their application for inter-district transfer without imposing condition of five years service in the concerned district and to grant approval to their transfer in accordance with Rule 21 of the U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as ‘the Rules of 1981).

2. It is not in dispute service conditions of both the petitioners are regulated by the Rules of 1981. Rule 21 provides for transfer, which is extracted hereinafter:-

“21. Procedure for transfer - There shall be no transfer of any teacher from the rural local area to an urban local area or vice versa or from one urban local area to another of the same district or from local area of one district to that of another district except on the request of or with the consent of the teacher himself and in either case approval of the Board shall be necessary.”

3. In addition to the Rules of 1981, the respondents have made U.P. Basic Education (Teachers)(Posting) Rules, 2008 (hereinafter referred to as ‘the Rules of 2008’), exercising the powers contained in Section 19(1) of the U.P. Basic Education Act, 1972 (hereinafter referred to as ‘the Act of 1972’). Rule 8 of the Rules of 2008 is relevant and is reproduced hereinafter:-

“8. Posting. - (1)(a) Three options for schools shall be asked from the handicapped candidates in order of their merit and after receiving such options the handicapped candidates shall be posted on the basis of options given by them and the vacancies.

(b) Based on the order of their merit, female teachers would be required to submit under their signature option of three schools each from the general and backward block and accordingly, posting would be given in one of these schools.

(c) The posting of male teachers shall be made in accordance with the order of candidates, in the roster prepared under Rule 7.

(2)(a) The newly appointed male teachers shall initially be posted compulsorily in backward areas for a period of at least five years.

(b) Newly appointed female teachers shall also be compulsorily posted in backward areas for a period of at least two years.

(c) Mutual transfers within the district from general block of backward block and vice-versa would be permitted with the condition that the teacher on mutual transfer to a backward block shall have to serve in that block compulsorily for five years. Mutual transfers would be permitted only in case of those teachers who have more than remaining five year's service.

(d) In normal circumstances the applications for inter-district transfers in respect of male and female teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband or in law's district.

(e) If by virtue of posting of newly appointed or promoted teachers the primary and upper primary schools of backward blocks get saturated i.e., no post of teacher is vacant in these schools, then handicapped and female teachers on their choice can be adjusted against the vacant posts of general blocks from these saturated blocks.

(f) Mutual tra