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AJIT KUMAR
Moulabi Ram – Appellant
Versus
State of U. P. – Respondent
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 date
The court established that transfers cannot be made against requisitioned vacancies, emphasizing strict adherence to procedural requirements in educational appointments.
Once a requisition for direct recruitment is sent, any transfer against that vacancy is impermissible, ensuring adherence to statutory recruitment processes.
The court ruled that under the new Uttar Pradesh Education Services Selection Commission Rules, 2023, transfers can occur even after requisition, provided the selection process has not started.
Once a requisition for a vacancy is sent to the Board, the post cannot be filled by transfer, as established by the U.P. Secondary Education Services Selection Board Rules.
The transfer order was issued in violation of the statutory rule requiring a no objection certificate from the Head of the institution of the parent school and non-consideration of the effect of the ....
Ratification from the competent authority is a prerequisite for the validity of transfer orders in public service.
Ratification from the competent authority is a prerequisite for the validity of transfer orders in public service, as established by the A.P. Education Act and relevant guidelines.
The requirement of the subject should have precedence in transferring teachers from unaided to aided school. Seniority should only be considered when there are multiple teachers in the subject in whi....
Point of law: An order of transfer of an employee is a part of the service conditions and such order of transfer is not required to be interfered with lightly by a court of law in exercise of its dis....
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