Court No. - 5
Case :- WRIT - A No. - 18348 of 2019 Petitioner :- Deepali And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sachchida Nand Tiwari,Yatindra Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Sachchida Nand Tiwari, learned counsel for the petitioner, the learned standing counsel for the State respondents and the learned counsel for the respondent nos. 3 & 4.
The petitioners were transferred by the impugned order dated 16.8.2019 passed by the respondent no. 4 in terms of the Government Order dated 17.6.2019. The impugned order does not suffer from any manifest error of law. In fact, the transfer order and the aforesaid Government Order have been issued to achieve the object of the Right of Children to Free and Compulsory Education Act, 2009 and the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011. Both the transfer orders intent to implement the Statutory mandate of Right of Children to Free and Compulsory Education Act, 2009 and fundamental right of children enshrined under Article 21-A of the Constitution of India.
The petitioners hold tranferable post. There is no allegation of malafide. They have deliberately not joined at the transfered place and thus attempted to defeat the Constitutional and Statutory mandate.
Under the circumstances, I do not find any good reason to interfere with the impugned transfer / adjustment order dated 16.8.2019. It is not a fit case to exercise the discretionary jurisdiction under Article 226 of the Constitution of India. Therefore, the writ petition is dismissed.
Order Date :- 28.11.2019 Arif