Court No. - 18
Case :- WRIT - A No. - 8991 of 2018 Petitioner :- Akanksha Solanki Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vibhu Rai Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Shri A.K. Yadav appears for respondent nos.2 and 3.
The petitioner is before this Court for a direction to second respondent i.e. U.P. Basic Education Board, Allahabad through its Secretary to upload the data of the petitioner on the website and permit the petitioner to submit her application for transfer on the website.
Learned counsel for the petitioner apprises to the Court that the controversy in hand is squarely covered by the judgment dated 6.3.2018 passed in Writ-A No.6976 of 2018 (Deepika Tiwari & Ors. v. State of U.P. & Ors.) and the similar indulgence may also be accorded in this writ petition. The operative portion of the order dated 6.3.2018 is quoted as under:-
"...............While entertaining the writ petition, this Court permitted Sri P.D. Tripathi, learned counsel representing District Basic Education Officer, to obtain instructions. Sri Tripathi has obtained instructions, which are taken on record. The District Basic Education Officer, Kushinagar in his instructions has stated that directions have already been issued to the concerned Finance and Account Officer for updating the required details of present petitioners i.e. their PAN number and Bank Account number.
From the instructions brought on record, it is apparent that petitioners' details i.e. PAN number and Bank Account number were not updated by the respondents on the online data. Admittedly it was for the respondents to have uploaded all such details on the website. It appears that there has been some communication between the office of District Basic Education Officer and the District Information & Science Officer, N.I.C., Kushinagar for updating the details of the petitioners. It is, however, not disputed that the details of the petitioners have not been uploaded and in its absence, the petitioners could not apply online for processing of their transfer application.
Once the petitioners were entitled to apply for consideration of their transfer applications, and such applications have not been entertained for any fault in uploading of details by the respondents, the petitioners cannot be made to suffer. Petitioners, therefore, are entitled to the relief prayed for.
This writ petition, consequently, stands disposed of with a direction upon the District Basic Education Officer, Kushinagar, to entertain and forward the transfer applications of the petitioners manually, within a week from today, to the concerned authorities for its examination and processing in accordance with the policy framed for the purpose."
Considering the facts and circumstances of the case, the present writ petition is also disposed of in the same terms as have been given in Deepika Tiwari & Ors. (Supra).
Order Date :- 30.3.2018 SP/