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IN THE HIGH COURT OF ALLAHABAD
Ashwani Kumar Mishra, Praveen Kumar Giri
Mayashankar – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. the case arises from the dismissal of two writ petitions. (Para 1 , 2) |
| 2. arguments presented regarding the validity of requisition and transfer. (Para 6 , 7 , 8) |
| 3. the process of direct recruitment and its implications under the law. (Para 10 , 12 , 14) |
| 4. the invalidity of transfer recommendations based on prior requisition. (Para 16 , 18 , 20) |
| 5. the effect of the new act on previous requisitions and transfers. (Para 22 , 24 , 26) |
| 6. transfer regulations under the new act and their limitations. (Para 28 , 30 , 32) |
| 7. final judgment reversing previous orders and allowing the appellant's petitions. (Para 34 , 35) |
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 off
Once a requisition for direct recruitment is sent, any transfer against that vacancy is impermissible, ensuring adherence to statutory recruitment processes.
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 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.
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....
The Director's authority to place candidates under the repealed U.P. Higher Education Services Commission Act, 1980, ceased with the enactment of the U.P. Education Service Selection Commission Act, ....
Actions taken under a repealed statute are void unless consistent with the new legislation. Vacancy provisions using the term 'otherwise' must be interpreted ejusdem generis to include only unforesee....
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