JUDGMENT Anjanl Kumar, J.
1. The petitioner is working as Assistant Teacher in a recognised senior basic school, namely, Shri Narain Das Vidya Mandir, Rajpurajat, Mathura, which is a recognised institution within the meaning of U. P. Basic Education Act and is also governed by the provisions of U. P. Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978.
2. The facts giving rise to the filing of the present writ petition are that a vacancy of assistant teacher was advertised in Sant Sunder Das Junior High School, Bhairo, Belanganj, Agra, which is also a recognised institution within the meaning of U. P. Basic Education Act and U. P. Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978, also applies to this institution.
3. Rule 18 of the Uttar Pradesh Recognised Basic Schools (Junior High Schools). (Recruitment and Conditions of Service of Teachers) Rules, 1978, provides for transfer of teachers from one recognised institution to another institution which is reproduced below :
"18. Transfer.-- (1) A permanent Headmaster or assistant teacher of a recognised school may, on application in this behalf, be transferred to another recognised school in which he may be lawfully employed under these rules, (2) Such application shall be given by the Headmaster or assistant teacher, as the case may be, to the District Basic Education Officer through the Manager of the school from which the teacher is sought.
(3) The Manager shall along with the application for transfer, forward copies of service-book and character roll of such Headmaster or assistant teacher, as the case may be, to the District Basic Education Officer.
(4) No transfer shall take effect unless it is agreed to by the managements of the concerned recognised schools and is approved under Clause (5).
(5) The approval for the transfer of a Headmaster or Assistant Teacher of a recognised school shall be accorded by :
(i) The District Basic Education Officer in case of transfer from one school to another school within the district ;
(ii) The Regional Deputy Director of Education in case of transfer from one school to another school situated in different districts but within the same division ;
(iii) Secretary of the Board, in case of transfer from one school to another school situated in different divisions."
4. The petitioner pursuant to the aforesaid rules applied for transfer as assistant teacher from Shri Narain Das Vidya Mandir, Rajpurajat, Mathura to Sant Sunder Das Junior High School, Bhairo, Belanganj, Agra. The respondents by their order dated 5.10.1997 (Annexure-5 to the writ petition) have accepted the request of the petitioner-Smt. Sneh Sharma and transferred her from Shri Narain Das Vidya Mandir, Rajpurajat, Mathura to Sant Sunder Das Junior High School, Bhairo, Belanganj, Agra. Pursuant to the aforesaid order, approval was granted by the respondents. The petitioner joined at Sant Sunder Das Junior High School, Bhairo, Belanganj, Agra and started working as assistant teacher. The Regional Assistant Director of Education (Basic), Agra vide order dated 1.11.1997 cancelled the order of transfer of the petitioner from Shri Narain Das Vidya Mandir, Rajpurajat, Mathura to Sant Sunder Das Junior High School, Bhairo, Belanganj, Agra, with immediate effect. It is this order which the petitioner has challenged by means of the present writ petition.
5. Learned counsel for the petitioner has argued that before passing of the aforesaid order dated 1.11.1997, no opportunity was granted to the petitioner. This fact has been stated in paragraphs 17 and 18 of the writ petition which have not been denied by the respondents in their counter-affidavit. Learned counsel for the petitioner has further submitted that all the materials and relevant documents were produced before them for transfer from one district to another district but no reasons, whatsoever, has been stated in the impugned order.
6. Learned counsel for the respondents tried to justify the order dated 1.11.1997 and submitted that as it would be clear from the advertisement which was issued for direct recruitment the said post was reserved for Scheduled Caste and, therefore, the order of cancellation of the transfer of the petitioner is justified. Learned counsel for the respondents has conceded that the provisions of Rule 18 which is applicable in the present case of transfer of a teacher nowhere mentions that any provision of reservation will apply as the same according to the learned counsel for the petitioner is applicable only with regard to direct recruitment and since according to the learned counsel for the respondents, the post was reserved for Scheduled Caste, the cancellation of the petitioner's transfer was justified.
7. A perusal of the order of cancellation of the transfer since does not disclose any reason nor it has been disclosed in the counter-affidavit that any fraud or misrepresentation has been made either by the institution concerned or by the petitioner and there being no provision under Rule 18 as argued by the learned counsel for the petitioner, I see that the order dated 1.11.1997, suffers from manifest error of law and thus deserves to be set aside and is hereby set aside.
8. In view of what has been stated above, the writ petition deserves to be allowed and is, hereby, allowed. The order dated 1.11.1997, is set aside. The respondents are restrained from interfering with the petitioner's functioning as assistant teacher in Sant Sunder Das Junior High School, Bhairo, Belanganj, Agra. Since the impugned order has been quashed, the consequential order dated 4.11.1997 (Annexure-9 to the writ petition) also deserves to be quashed and is hereby quashed and the petitioner is entitled for payment of salary in accordance with law.