Court No. - 58
Case :- WRIT - A No. - 27584 of 2018 Petitioner :- Smt. Pratibha Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner.
This petition is directed against on order dated 26.12.2016, whereby the petitioner's claim for transfer from minority institution has been rejected on the ground that there is no policy for effecting transfer in respect of minority institution.
Learned counsel for the petitioner states that minority institution cannot be excluded out of routine consideration of transfer.
It is not in dispute that only provision where-under transfer could be made is regulation 55 to 61 of Chapter III of the U.P. Intermediate Education Act, 1921. Admittedly, the petitioner has not sought transfer after complying with requirement of the said provision.
In such circumstances, no grievance can be raised by the petitioner against the order impugned inasmuch as the petitioner's claim for transfer is otherwise not covered under the applicable scheme under the regulation for transfer.
Accordingly, the writ petition is dismissed.
The dismissal of this petition, however, will not preclude the petitioner from seeking transfer after complying with the requirement of regulations 55 to 61, which shall be dealt with in accordance with law.
Order Date :- 20.12.2018 Manoj