Court No. - 30
Case :- WRIT - A No. - 6660 of 2018 Petitioner :- Anupam Gahlot Respondent :- State Of U.P. Through Principal Secretary,(Basic Education),U.P. And 3 Others Counsel for Petitioner :- Perdeep Kumar Vishnoi,Jai Krishna Tiwari,Pavan Kumar Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Shri Sunder Singh holding brief of Shri Pradeep Kumar Vishnoi, learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri A. K. Yadav, holding brie of Shri J. K. Tiwari, learned counsel for the respondents no. 3 & 4 and have perused the record.
At the very outset, learned counsel for the parties agree that the controversy involved in the present writ petition is fully covered by a decision of this Court dated 6.2.2018 passed in Writ-A No. 2868 of 2018 (Bibha Singh Kushwaha and 21 others vs. State of U.P.).
The relevant extract of the aforesaid judgement dated 6.2.2018 is quoted hereinunder:-
"9. Once the assurance has been given, then this Court hopes and trusts that in the light of the order dated 5.2.2018 and the consequential order dated 6.2.2018 the respondent authority would proceed in the matter and very soon the publication would be made in the widely circulated newspapers across the State of U.P. for enabling the candidates, who fall under Rule 8 (2) (d) of Rules of 2008 to make on-line applications for their inter-district transfer. In case any such application would be made by the incumbents, then the process would be ensured strictly in accordance with law. As it is alleged and there is apprehension that pick and choose policy would be adopted in the transfer. In such a situation the Court is of the considered opinion that for ensuring fair play and transparency, the Secretary (Basic Education), Government of UP, Lucknow as well as Secretary, U.P. Basic Education Board, Allahabad shall monitor the entire transfer process in this regard. In case there is any lapses, irregularities or partiality in this regard, they would be solely responsible. It is made clear that in case any discrimination is done in the transfer, then the higher authority would be at liberty to proceed against the concerned authority in this regard.
10. With the aforesaid directions/observations, the writ petition is disposed of."
Consequently, the present petition is also disposed of in terms of the aforesaid judgement dated 6.2.2018 as quoted above.
Order Date :- 26.2.2018 Ravi Prakash