Court No. - 58
Case :- WRIT - A No. - 12873 of 2018 Petitioner :- Chandra Prakash Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sabhajeet Singh Counsel for Respondent :- C.S.C.,Awadhesh Kumar
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is a Headmaster in Primary School, Malauli Gosai, Block Vikramjot, District Basti. It appears that under a policy of the State a decision has been taken to earmark five institutions in a block for imparting education in English Medium. Petitioner's institution is one of such institutions. The petitioner is aggrieved on account of his transfer to another institution within the same block. Hence, this petition.
This Court has dismissed a similar writ petition being Writ Petition No.9916 of 2018 vide order dated 13.4.2018, which is reproduced hereinafter:-
"Petitioner is a Headmistress in the primary school, who is aggrieved by selection of her institution under a scheme of the State for imparting education in English Medium. It is stated that in terms of the policy framed, the institution ought not to have been selected for the purposes. Submission is that selection of institution for imparting education in English Medium is unjust and be quashed.
Petition is opposed by learned Standing Counsel appearing for the State.
It appears that under the scheme of the State, the primary schools run by the Board are being earmarked for imparting education in English Medium. The institution where petitioner is working is one of those which falls under the scheme. Petitioner is a Headmistress, and neither her salary nor her service conditions would be adversely affected by the process. Even if she asked to go to different institution, the same would be a part of her service conditions. This Court in exercise of jurisdiction under Article 226 would not be inclined to interfere in the matter of kind where specialized education is proposed to be provided to students of the institutions concerned.
Writ petition is accordingly dismissed."
In view of the reasons assigned, I am not inclined to interfere in the present writ petition either. In case the teachers have contributed to upliftment of the institution, they do not get any indefeasible right to continue working in the same institution. Such good teachers if are sent to other institution, they shall also be benefited. The transfer of petitioner would otherwise be within the same block. No case for interference is made out.
Writ petition is, accordingly, dismissed.
Order Date :- 28.5.2018 Ashok Kr.