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SUBHASH VIDYARTHI
Mayashankar – Appellant
Versus
State of Uttar Pradesh – Respondent
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 agai
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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