Once a requisition for direct recruitment is sent, any transfer against that vacancy is impermissible, ensuring adherence to statutory recruitment processes.

JUDGMENT :

Ashwani Kumar Mishra, J.

1. These appeals arise out of the judgment and order of learned Single Judge dated 13.8.2024, whereby two writ petitions filed by the appellant are decided. Learned Single Judge has dismissed both the writ petitions and vacated the interim order granted earlier.

2. The controversy leading to filing of the present appeal lies in a limited factual scenario. The appellant herein was appointed as lecturer in Bharat Sewak Samaj Inter College, Hathiyar, Varanasi (hereinafter referred to as the ‘institution’). He was appointed as officiating principal of the institution on 30.3.2018. His signatures were also attested by the District Inspector of Schools on 11.4.2018. A requisition was sent by the Managing Committee of the institution for substantive appointment to be made on the post of principal on 7.7.2018. Although the requisition was sent for substantive appointment but no advertisement was issued. It is at this stage that the process was initiated for transfer of the respondent Nityanand Mishra, who as substantively working as principal of Raj Kumar Higher Secondary School, Kubernath, Kushinagar. For such purposes of transfer recommendation was made by the Joint Director of Education on 30.12.2022. Two subsequent orders have been passed in favour of the contesting respondent by the educational authorities later in point of time. The first order is of 16.5.2023, whereby the Additional Director of Education Secondary disposed of the representation made by the appellant objecting to the resolution made by the Joint Director of Education recommending transfer of contesting respondent in the present institution. The Additional Director of Education by this order affirm the previous recommendation of 30.12.2022. A subsequent order of transfer dated 28.6.2024 is passed by the Additional Director of Education whereby contesting respondent has been transferred to the institution in question. These two orders were the subject matter of challenge before the learned Single Judge.

3. In the first writ petition i.e. Writ-A No.5106 of 2023 the recommendation of the Joint Director of Education dated 30.12.2022 was assailed. This writ petition was entertained and a detailed interim order was passed on 22.5.2023, which is reproduced hereinafter:-

“Heard Sri Kailash Singh Kushwaha, learned counsel for the petitioner, learned Standing Counsel for the State respondents, Sri Ramesh Chandra Dwivedi, learned Advocate for Committee of Management and Sri Ashutosh Mani Tripathi, learned counsel for respondent no. 6.

The controversy in the present case has arisen on account of recommendation being made in favour of 6th respondent to be transferred as a Principal of the Institution where the petitioner is currently working as officiating Principal.

The submission advanced by learned counsel for the petitioner on the earlier date was that since he was working in the Institution as officiating Principal from 2018 and the post has been requisitioned to the Board for making direct selection, he will lose the opportunity to participate as a senior most teacher of the Institution for considering his candidature for selection in the event post gets occupied by a regular Principal, may be by way of transfer. He had argued that the District Inspector of Schools had no occasion to cancel the requisition already forw