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IN THE HIGH COURT OF ALLAHABAD
ABDUL MOIN, J.
Deepti Singh - Petitioner
Versus
State of U.P., Rep. By Its Addl. Chief Secy. Basic Shiksha Lko and Others - Respondents
Writ - A No. 6662 of 2023
Decided On : 20-11-2023
Weightage - Inter District Transfer - U.P. Basic Education Act, 1972, Section 13 - [Section 13 of the U.P. Basic Education Act, 1972] - The court discussed the provisions of the U.P. Basic Education Act, 1972, particularly Section 13, and the Government orders dated 02.06.2023 and 16.06.2023 regarding inter district transfer of Assistant Teachers. The interpretation of the eligibility criteria for weightage points and the application of the provisions to the petitioner's case were key in the court's decision.
Fact of the Case:
The petitioner, an Assistant Teacher, applied for an inter district transfer from Bahraich to Unnao. Despite being found eligible and joining at Unnao, her transfer was later found to be in violation of the relevant Government orders and was subsequently cancelled.
Finding of the Court:
The court found that the petitioner's entitlement to 10 marks weightage for her husband's employment status was the key issue. The court analyzed the relevant Government orders and clarified the eligibility criteria for weightage points, ultimately rejecting the petitioner's claim.
Issues: The key issue was whether the petitioner was entitled to 10 marks weightage for her husband's employment status, as indicated in her application for transfer.
Ratio Decidendi: The court's decision was based on the interpretation of the Government orders and the eligibility criteria for weightage points, particularly in relation to the petitioner's husband's employment status.
Final Decision: The writ petition was dismissed, as the court found no merit in the petitioner's claim for weightage points based on her husband's employment status.
JUDGMENT :
1. Supplementary affidavit filed today in Court by Sri Ran Vijay Singh, learned counsel for the respondent no. 3 be kept on record.
2. Heard Sri Rajat Aren, Advocate and Sri Rishi Srivastava, learned counsels for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1, 2 & 5, Sri Ran Vijay Singh, learned counsel for the respondents no. 3, Sri Kumar Ayush, learned counsel for the respondent no. 4, Sri Abhinav Singh, learned counsel for the respondent no. 6 and Sri Savitra Vardhan Singh, learned counsel for the respondent no. 7.
3. Instant writ petition has been filed praying for the following main reliefs:-
(ii) To issue a writ, order or direction in the nature of Mandamus commanding the Respondents (Specially Respondent No. 3 & 6) to allow the petitioner to Re-join in the office of Respondent no. 6 (District Basic Education Officer, Unnao) in pursuance of the Relieving order dated 04.07.2023 passed by Respondent No. 4 (District Basic Education Officer, Bahraich)
(iii) To issue a writ, order or direction in the nature or Mandamus commanding the Respondents (Specially Respondent No. 3, 4 & 6) to regularly pay the salary to the petitioner w.e.f 01.07.2023 without considering any break in service of the petitioner.
(vi) To issue a suitable writ, order or direction in the nature of Certiorari to quash the consequential order no. 28732-35 dated 03.10.2023 passed by the Respondent No. 3 (Annexure No. S.A 4 to the supplementary affidavit) as being arbitrary and contrary to Sub clause (4) of the Clause 12, G.O. dated 29.06.2023 issued by Respondent No. 1 as well as Clause (8) of Circular dated 16.06.2023 & Circular dated 29.06.2023 issued by Respondent No. 3 and also being violative of the Provisions of Section 13 of the Uttar Pradesh Basic Education Act, 1972.
(vii) To issue a writ, order or direction in the nature of Mandamus commanding Respondent No. 3, 4, 5 & 6 to give effect to/implement Merit List dated 26.06.2023 (in so far as it relates to the petitioner at Ser. No. 3458), consequential joining by the petitioner dated 06.07.2023 and take all necessary Consequential actions for Inter District Transfer of the petitioner From District-Bahraich to District-Unnao."
4. The case set forth by the learned counsel for the petitioner is that the petitioner while working as an Assistant Teacher at Bahraich applied for her inter district transfer from District-Bahraich to District-Unnao. Despite the petitioner having been found eligible for being transferred and despite her joining at Unnao subsequently, through an order dated 27.07.2023, a copy of which is annexure 25 to the writ petition, the transfer of the petitioner has not been found to be in accordance with law and therefore, the petitioner has been required to join at her initial place of posting i.e Bahraich. Later, through an order dated 03.10.2023, a copy of which has been filed as Annexure SA 4 to the supplementary affidavit, the respondent no. 3 after considering the provisions of the Government order dated 02.06.2023 governing the inter district transfer as well as the clarification dated 16.06.2023 has found that the petitioner has erroneously been transferred from District-Bahraich to District-Unnao and consequently, her transfer has been cancelled.
5. The contention of learned counsel for the petitioner is that a Government order dated 02.06.2023, a copy of which is annexure 11 governs the cases for inter district transfer of Ass
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