Sabhajeet Yadav, J.;-

Heard learned counsel for the petitioner and learned Standing Counsel.

Challenge in this petition is to the decision taken by the State Government on 12th May,2011 by which the petitioner's claim for his transfer from a college in Moradabad to a college in Varanasi has been rejected.

Submission is that two grounds are mentioned in the impugned order while rejecting the claim. and both are wholly misconceived and uncalled for.

After hearing learned counsel for the petitioner and learned Standing Counsel, it is rightly pointed out from both the sides that calling for counter affidavit and keeping the matter pending then to take a decision will be a futile exercise and therefore, on the facts we propose to dispose of the present petition by giving liberty to any aggrieved person to file proper application, if so desired.

Counsel for the petitioner submits that there is no objection from the college where the petitioner is teaching and that of the college where the the petitioner seeks transfer and thus there was no legal impediment in accepting the claim of the petitioner for transfer in the college at Varanasi (respondent no.7)

In support of the submission that even i

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