IMPORTANT POINT
The court established that transfers cannot be made against requisitioned vacancies, emphasizing strict adherence to procedural requirements in educational appointments.

JUDGMENT :

Hon'ble Ajit Kumar, J. - Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Ramesh Chandra Tiwari, learned counsel for the petitioner in Writ - A No. 11297 of 2023. Sri Naresh Chandra Tripathi, learned Advocate appearing for 5th respondent and also petitioners' counsel in Writ - A No. 17926 of 2023 and Sri Trilok Nath Dubey, learned Advocate appearing for Committee of Management in both the petitions as well as Sri P.K. Srivastava, learned Additional Chief Standing Counsel for the State respondent.

2. These three above captioned writ petitions have been filed by Moulabi Ram, Ramyash and Mahatim Singh respectively. While Moulabi Ram is seeking a writ of certiorari for quashing the order of transfer dated 30.6.2023 in respect of Ramyash impleaded as 5th respondent, Ramyash the petitioner in his writ petition seeks a writ of certiorari quashing the order dated 20.7.2023 putting in abeyance his transfer order upon a representation dated 15.7.2023 of Moulabi Ram who is impleaded as 7th respondent in his writ petition. He further seeks a writ of mandamus to give him joining as Principal of Goverdhan Inter College, Muftiganj, Jaunpur pursuant to the transfer order dated 30.6.2023. One Mahatim Singh who is working as Assistant Teacher L.T. Grade in the Institution in question, questions the promotion of Moulabi Ram as Lecturer (Sociology) as according to him on the date of occurrence of the said vacancy i.e. 1.7.2007 he was not having experience of five years' continuous regular service in L.T. Grade and so also did not possess the academic qualification as per Appendix - A.

3. Looking to the facts pleaded by respective parties in the writ petitions and their grounds for relief claimed and as the learned Advocates appearing for respective parties agree, in my considered view also the controversy between Moulabi Ram and Ramyash is required to be decided in the first instance. The transfer order of Ramyash is under challenge in the petition of Moulabi Ram and there is a prayer for mandamus also in the writ petition of Ramyash to give him joining. The order putting in abeyance the transfer order of Ramyash can be considered while deciding these two petitions first and so far as Mahatim Singh's writ petition is concerned, it involves an entirely different issue and therefore, it can be decided separately.

4. Coming to the writ petition of Moulabi Ram, the facts pleaded are that on account of regular Principal Bhaiya Lal Yadav attaining the ate of superannuation on 31.3.2021 he was appointed as Officiating Principal of the Institution w.e.f. 1.4.2021 and his signatures were attested by the District Inspector of Schools on 13.4.2021, however, for a short period between 30.6.2022 to 20.8.2022 attestation of petitioner's signatures as officiating Principal was put in abeyance but then it was restored. It is pleaded in the writ petition that, when the post of Principal of the Institution substantively fell vacant, a requisition was sent to the District Inspector of Schools on 19.9.2020 for seeking direct recruitment by the Board as per Rule 11(1) and 11(2) of the U.P. Secondary Education Services Selection Board Rules, 1998. Later on another requisition was sent to the board through the District Inspector of Schools on 16.4.2021. The transfer order of the 5th respondent Ramyash came to be issued only on 30.6.2023. Taking the legal plea of the Government order dated 27.1.2021, wherein transfer is not permissible in the event post of the Principal has been requisitioned, present petition was filed challenging the transfer of the 5th respondent dated 30.6.2023.

5. It transpires further that while this writ petition was pending admission before this Court, petitioner Moulabi Ram approached the Additional Director of Education (Secondary), U.P. by means of representation dated 15.7.2023 to the effect that since he has challenged the transfer order and writ petition was listed for hearing on 30.7.2023 the transfer order may be staye