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IN THE HIGH COURT OF ALLAHABAD
Ashwani Kumar Mishra, Praveen Kumar Giri
Mayashankar – Appellant
Versus
State Of U.P. – Respondent
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 b
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The Director's authority to place candidates under the repealed U.P. Higher Education Services Commission Act, 1980, ceased with the enactment of the U.P. Education Service Selection Commission Act, ....
The main legal point established in the judgment is that the transfer of teachers from unaided to aided posts is permissible and does not require fresh appointments, as per Rule 41 and the Government....
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