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ROHIT RANJAN AGARWAL
Rajiv Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Rohit Ranjan Agarwal, J.
1. The question which needs adjudication by this Court, raised through these two petitions are as to “Whether once the requisition has been sent by the Committee of Management to the U.P. Secondary Education Service Selection Board (hereinafter referred to as “the Board”) in terms of sub-rule (4) of Rule 11 of U.P. Secondary Education Services Selection Board Rules, 1998 (hereinafter called as “Rules of 1998”) the post of Principal in an intermediate institution can be filled by way of transfer or the senior most teacher officiating as a Principal is to continue till a duly selected candidate is sent by the Board.”
2. Further, upon the enactment of Uttar Pradesh Education Service Section Commission Act, 2023 (hereinafter called as “Act of 2023”) enforced on 17.08.2023 published in official gazette on 21.08.2023 and the Uttar Pradesh Education Service Selection Commission Rules, 2023 (hereinafter called as “Rules of 2023”) having been enforced from 13.12.2023, whether anything done or action taken in pursuance of Rules of 1998 to continue or not.
3. The question relating to intimation of vacancy to the Board and cessation of power to fill up the vacan
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.
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.
The court established that transfers cannot be made against requisitioned vacancies, emphasizing strict adherence to procedural requirements in educational appointments.
The court reaffirmed that Officiating Principals of state-funded institutions are entitled to salaries commensurate with their roles despite legislative changes, emphasizing established legal precede....
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....
A candidate has a right to be considered in light of existing Rules which implies Rules in force as on date of consideration.
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