Court No. - 36
Case :- WRIT - A No. - 294 of 2021 Petitioner :- Smariti Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Avanish Kumar Srivastava Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Mahesh Chandra Tripathi,J.
The grievance of the petitioner is that she has made out a case of inter district transfer in her application filed on 31.12.2019 but her prayer has not been granted.
The matter was taken up on 23.7.2021 and the following order was passed:-
"Learned counsel for the petitioner states that in response to the Government Order dated 2.12.2019 for inter-district transfer for the sessions 2019-20, the petitioner filled up the form along with requisite fees on 31.12.2019 appending therewith the certificate of her husband, who is working in Indian Air Force at Kanpur dated 21.12.2019.
The claim of the petitioner is that after verifying the record and on the basis of said certificate the status of the application of the petitioner was approved and 20 quality point marks were awarded to her vide Annexure No.3. As such it is submitted that rejection of the application of the petitioner on the ground that at the time of filling up the form other relevant papers have not been appended is found to be contrary to record.
The Court has noticed various discrepancies in the district in question and in one of the matter also summoned the officer concerned along with record.
Let relevant record in the present matter be also produced on the next date.
Put up this matter on 29.07.2021."
In response to the order dated 23.7.2021, the original record is produced by Basic Education Officer, Fatehpur. Sofar as the, record pertaining to her transfer at District Kanpur, no document is annexed alongwith the record to indicate that her husband is posted at District Kanpur.
So far as the factual situation is concerned, the same would be looked into and examined by the Secretary, Basic Education Board, U.P. Prayagraj.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this Court finds it appropriate to relegate the matter to the second respondent-Secretary, Basic Education Board, U.P. Prayagraj, who may look into the grievance of the petitioner and pass reasoned and speaking order strictly in accordance with law within six weeks from the date of production of a copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The original record be returned to Shri Vikram Bahadur Singh, learned counsel for the respondent Nos. 2 and 3. The presence of Shri Sanjay Kumar Kushwaha, Basic Education Officer, Fatehpur is dispensed with.
Consequently, the writ petition is disposed of. Order Date :- 29.7.2021 Jaswant