Court No. - 36
Case :- WRIT - A No. - 10059 of 2021 Petitioner :- Atul Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Karan Singh Yadav Counsel for Respondent :- C.S.C.,Archana Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Mrs. Archana Singh, learned Additional Chief Standing Counsel for the State respondent.
Petitioner is before this Court with a request commanding the respondents to consider the case of petitioner for transferring him at Prayagraj on the same post from Primary School Kunwarmau, Block-Chhatoh, District Raibarely within stipulated period.
At the very outset, Mrs. Archana Singh, learned Additional Chief Standing Counsel on the basis of instructions raised preliminary objection regarding maintainability of the writ petition on the ground that earlier the petitioner has approached to this Court by means of Writ A No. 1705 of 2021 praying therein to consider his case for transfer from Raibarely to Prayagraj. The said writ petition was finally disposed of vide order dated 4.2.2021 permitting the petitioner in case any Government Order is issued in this regard by the State Government for the transfer of teachers in the year 2020-2021, petitioner will submit a fresh application for his transfer as per Government Order, if any, issued by the State Government. In this backdrop, she submits that once the leave was already accorded to the petitioner for moving a fresh application for the next session i.e. 2020-21, in such situation, the second writ petition cannot is not maintainable. Even on merit, for the previous academic session 2019-20, the petitioner's quality point (11) was much below to the cut-off merit (39), as such, no reprieve could be extended.
In view of the categorical instructions, the Court is not inclined to proceed further in the matter. The leave is already accorded by this Court in the aforementioned writ petition for moving a fresh application for the next academic session i.e. 2020-21 as per Government Order.
With the aforesaid, the writ petition stands disposed of. Order Date :- 13.8.2021 A.K.Srivastava