Heard Sri O.P. Tiwari, learned counsel for the petitioner, learned Standing Counsel for the State-respondents, Sri Ran Vijay Singh, learned counsel for opposite party no.2 and Sri Ajay Kumar, learned counsel for opposite party no.3.
By means of this petition, the petitioner has assailed the order dated 1.1.2021 passed by opposite party no.2 rejecting the request of the petitioner whereby she had prayed that she be transferred from Apar Primary School, Sumerpur, Block - Mallawa, District - Hardoi to District - Kanpur Nagar.
Learned counsel for the petitioner has submitted that the petitioner is a cancer patient. Her family i.e. her husband and her children are living at Kanpur. Her treatment for cancer is going on at J.K. Cancer Hospital, Kanpur, therefore, in the aforesaid circumstances, she had prayed that she be transferred from Hardoi to Kanpur. As per learned counsel for the petitioner, the aforesaid bonafide grievance of the petitioner has not been considered resultant thereof, the petitioner has been suffering a lot.
Sri Ran Vijay Singh, learned counsel for opposite party no.2 has submitted that all grievances relating to inter district transfer for entire U.P. have already been considered and disposed of strictly as per policy and the portal to that effect has already been closed on 31.12.2020. Therefore, no fresh consideration can be made for any of the person for the reason that if grievance of any single person is considered, the pandora box of such type of grievance would be open. He has further submitted that grievance of the petitioner may be considered in the next education session of 2020-21 strictly as per policy governing the issue, if circulated by the competent authority.
Considering the aforesaid rival submissions of learned counsel for the parties, I hereby dispose of this writ petition finally at the admission stage permitting the petitioner to prefer a representation to opposite party no.2 taking all pleas and grounds, which are available to her, enclosing therewith her medical documents within a period of ten days from today and if such presentation is preferred by the petitioner within the aforesaid stipulated time, opposite party no.2 shall consider and decide the aforesaid representation of the petitioner sympathetically considering her grievance relating to her ailment of cancer, ignoring the impugned order and shall pass orders with expedition, preferably within a period of two weeks from the date of receipt of the representation. It is made clear that if any sympathetic order is passed in favour of the petitioner solely on the medical reasons, the same shall not be treated as precedence and the authority concerned may take specific recital to this effect in the order itself.
In the aforesaid terms, the writ petition is disposed of.
Order Date :- 25.1.2021 RBS/-