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IN THE HIGH COURT OF ALLAHABAD
SUBHASH VIDYARTHI J.
Mayashankar – Petitioner
Versus
State of Uttar Pradesh and Others – Respondents
Writ (A) No. 5106 of 2023, Writ (A) No. 10109 of 2024
Decided On : 13-08-2024
(A) Uttar Pradesh Education Services Selection Commission Act, 2023 - Transfer of Principals and Teachers - The petitioner challenged the transfer of the opposite party to the post of Principal, arguing it violated prior orders and requisition protocols. The court found no absolute prohibition against filling a post by transfer under the new rules, dismissing both writ petitions. (Paras 29, 30)
(B) Legal Principles - The court emphasized that the rules in force at the time of the decision differ from those in prior cases, allowing for transfers under specific conditions. (Paras 28)
Facts of the case:
The petitioner, a senior teacher, contested the transfer of another teacher to his position, claiming it was illegal due to ongoing requisition processes.
Findings of Court:
The court ruled that the transfer was permissible under the new rules, dismissing the petitions.
Issues: The legality of the transfer in light of prior requisition orders and interim court orders.
Ratio Decidendi: The court concluded that the new rules permit transfers even after requisition, provided the selection process has not commenced.
Result: Both writ petitions dismissed.
JUDGMENT :
SUBHASH VIDYARTHI J.
1. Heard Shri Kailash Singh Kushwaha, the learned counsel for the petitioner, Shri Pradeepta Kumar Shahi, the learned counsel for the State of Uttar Pradesh and Shri R.K. Ojha Senior Advocate assisted by Sri Rohit Singh Advocate, the learned counsel for the opposite party No. 5.
2. The petitioner Mayashankar has filed Writ (A) No. 5106 of 2023 challenging a proposal dated 30.12.2022 forwarded by the opposite party No. 5-Joint Director of Education, Varanasi Region, Varanasi to the opposite party No. 2-Additional Director of Education (Secondary), Uttar Pradesh Prayagraj, for transferring the opposite party No. 6 - Nityanand Mishra to the post of Principal, Bharat Sewak Samaj Inter College, Hathiyar, Varanasi and he has prayed for being permitted to continue as Ad-hoc Principal of the aforesaid College till joining of a candidate recommended by the Uttar Pradesh Secondary Education Services Selection Board. By way of amendment in the writ petition, the petitioner has prayed for quashing of an order dated 16.05.2023 passed by the Additional Director of Education (Secondary), Uttar Pradesh Prayagraj, rejecting the petitioner’s representation submitted against the aforesaid transfer order.
3. Writ (A) No. 10109 of 2024 has been filed by the petitioner challenging validity of an order dated 28.06.2024 passed by the Director of Education (Secondary), Uttar Pradesh transferring the opposite party No. 5-Nityanand Mishra (opposite party No. 6 in Writ (A) No. 5106 of 2023) from the post of Principal, Raj Kumar Higher Secondary School, Kubernath, Kushinagar, to the post of Principal, Bharat Sewak Samaj Inter College, Hathiyar, Varanasi in furtherance of a proposal made by the Joint Director of Education, Varanasi, which is under Challenge in Writ (A) No. 5106 of 2023.
4. As the controversy involved in both the writ petitions revolves around the same set of facts and involves similar grounds of challenge and defence, both the writ petitions are being decided by a common judgment.
5. Briefly stated, the facts pleaded in the writ petitions are that the petitioner-Maya Shanker is the senior most teacher working in Bharat Sewak Samaj Inter College, Hathiyar, Varanasi (herein referred to as ‘the College’). After retirement of Principal of the College Dr. Dinesh Chaubey, the Committee of Management of the College had resolved on 30.03.2018 to appoint the petitioner as Officiating Principal of the College. His signatures were attested by the District Inspector of Schools. On 07.07.2018, the Committee of Management of the College had sent a requisition for the post of Principal of the College to the District Inspector of Schools. The District Inspector of Schools had approved the petitioner’s appointment as Officiating Principal of the College and had granted financial sanction by means of an order dated 19.09.2018.
6. On 07.06.2019, the Secretary, Uttar Pradesh Secondary Education Services Selection Board had issued a circular to all the District Inspector of Schools in the State informing that the procedure for receiving requisitions for vacant posts had been changed and with effect from 01.07.2019, requisitions would be accepted only through Online Requisition Portal and through no other mode. Guidelines for sending requisitions through Online Requisition Portal were attached to this circular. Thereafter, a requisition through Online Requisition Portal was also made for the post of Principal of the College on 11.12.2021.
7. On 30.12.2022, the Joint Director of Education forwarded an application submitted by Sri Nityanand Mishra, Principal, Raj Kumar Higher Secondary School, Kubersthan, Kushinagar to the post of Principal of the College in question stating that in furtherance of an application submitted by Sri Nityanand Mishra, the District Inspector of Schools has forwarded the documents wherein it was mentioned that a requisition for the post of Principal of the College has been sent to Uttar Pradesh Secondary Educatio
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.
Once a requisition for direct recruitment is sent, any transfer against that vacancy is impermissible, ensuring adherence to statutory recruitment processes.
The Officiating Principal has the right to challenge the appointment of a regularly selected candidate, and appointments made contrary to statutory provisions are invalid.
Point of Law : Impugned directive of Election Commission is valid as it does not discriminate between different officers but a uniform directive has been issued for all officers who have completed fo....
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 ....
The court established that transfers cannot be made against requisitioned vacancies, emphasizing strict adherence to procedural requirements in educational appointments.
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: As a disciplined employee, the petitioner has obeyed the said orders under protest and he has joined duties at the place of transfer though he is BLIND and though the impugned order is ....
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