Court No. - 7
Case :- WRIT - A No. - 23076 of 2018 Petitioner :- Pawan Kumar Bhartiya Respondent :- District Inspector Of Schools Muzaffar Nagar, And 3 Others Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Indra Raj Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Learned counsel for the petitioner submits that undisputedly the petitioner is a regularly appointed Assistant Teacher (Sanskrit) at Deep Chandra Grain Chamber Inter College, Nai Mandi, Muzaffar Nagar. That being a duly recognised aided private institution, it has been submitted that the petitioner could never be transferred to the Government Inter College, Muzaffar Nagar and in any case, the D.I.O.S., Muzaffar Nagar had not jurisdiction or authority to pass an order of that nature.
3. Learned Standing Counsel fairly states that apparently the order of the D.I.O.S., Muzaffar Nagar is wholly without jurisdiction inasmuch as such orders could never have been passed by the district authority.
4. Upon such statement, no useful purpose would be served in keeping the present petition pending any further, the impugned order dated 19.09.2018 passed by the D.I.O.S., Muzaffar Nagar and the consequential order dated 04.10.2018 passed by the Principal, Deep Chandra Grain Chamber Inter College, Nai Mandi, Muzaffar Nagar are quashed.
5. In view of the above, the present writ petition is allowed.
Order Date :- 27.10.2018 Abhilash