Court No. - 58
Case :- WRIT - A No. - 23163 of 2018 Petitioner :- Sanjay Gangwar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain,Vijay Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is working as Assistant Teacher in Biology and has sought transfer from Moti Lal Nehru Inter College, Sharif Nagar Baheri, District Bareilly to Saraswati Vidyalaya Inter College, Bareily. Both these institutions are stated to be recognised Intermediate Institutions and the employees and teachers of both the institution are receiving salary out of the State funds. The transfer application is required to be considered by the committee headed by the Addl.Director of Education, Bareilly by virtue of Regulations 55 to 61 of the Regulations framed under the U.P. Intermediate Education Act. The District Inspector of Schools has returned the application for mutual transfer by observing that there is a shortage of teachers in the institution where from transfer is claimed by the petitioner.
Learned counsel for the petitioner submits that the shortage of teacher exists in both the institutions and, therefore, it cannot be a ground to return the transfer application. It is also stated that the final decision has to be taken by the competent authority and at best the District Inspector of Schools could forward his note/ comments for due consideration by the competent authority but the course followed in the instant case is clearly inconsistent with the statutory scheme.
Learned Standing Counsel has not been able to show any provision where under the District Inspector of Schools could return the application to the management even without referring it to the competent authority.
In the facts and circumstances, noticed above, writ petition stands disposed of, with a direction upon the District Inspector of Schools, Bareilly to transmit the transfer application of the petitioner in terms of the Regulation to the Addl. Director of Education within a period of 4 weeks of the submission of certified copy of this order. It would be open for the Inspector to make his own comments/ observations while transmitting the matter to the competent authority, i.e. the third respondent, who is the competent to take a final decision in the matter in accordance with the provisions contemplated, within a period of 3 months thereafter.
Order Date :- 29.10.2018 n.u.