Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 633 of 2020
Appellant :- Hari Om Singh
Respondent :- State Of U.P. And 5 Others
Counsel for Appellant :- Anshu Chaudhary,Anshu Chaudhary,Sankalp Narain,V.K. Singh, Senior Advocate Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Jayant Banerji,J.
Exemption Application No. 1 of 2021 Exemtion Application is allowed.
The appellant is exempted from filing certified copy of the order dated 02.09.2020 of this Court.
Order on Appeal By this appeal, a challenge is made to the judgement dated 02.09.2020 whereby the writ petition preferred by the petitioner to challenge the order dated 02.06.2020 was dismissed.
By the order impugned in the writ petition, the petitioner's request for transfer was not accepted. It was in reference to the ban on the transfer of on going Covid-19 Pandemic.
Learned counsel for the appellant has made reference of Regulation 55 of Chapter III of the regulations framed under the U.P. Intermediate Education Act, 1921. Perusal of the regulation shows permissibility of transfer from one institution to another on certain conditions. The petitioner made an application, but regulation does not provide transfer as of right, rather it remains on the discretion of the competent authority. The application moved by the petitioner was not accepted owing to on going Covid-19 situation at the relevant time.
A reference of the Government Order has been given, though questioned its applicability by the learned counsel for the appellant. Even if the Government Order restraining transfer owing Covid-19 situation is ignored, the question would be as to whether petitioner was having right to get the transfer or a right of consideration.
The aforesaid issue has been dealt with by the learned Single Judge holding that the petitioner is not having vested right, accordingly, the prayer to transfer the petitioner pursuant to his request could not be accepted. The writ petition, therefore, was dismissed and we do not find any error in the judgement so as to cause interference therein.
The appeal, accordingly, fails and is dismissed.
Order Date :- 30.7.2021
A. V. Singh (Jayant Banerji, J.) (Munishwar Nath Bhandari, A.C.J.)