Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3501 of 2018 Applicant :- Smt. Sweta And 5 Others Opposite Party :- Sanjay Sinha, Secretary Basic Education Board Counsel for Applicant :- Chetan Chatterjee
Hon'ble Manoj Kumar Gupta,J.
Writ A No. 3351 of 2018, 3354 of 2018 and Writ No.3358 of 2018 filed by the applicants were disposed of by order dated 6.2.2018 in terms of judgment in Writ A No. 2868 of 2018 Bibha Singh Kushwaha and 21 others Versus State of U.P. The order and judgment in Vibha Singh is in following terms : -
"9. Once the assurance has been given, then this Court hopes and trusts that in the light of the order dated 5.2.2018 and the consequential order dated 6.2.2018 the respondent authority would proceed in the matter and very soon the publication would be made in the widely circulated newspapers across the State of U.P. for enabling the candidates, who fall under Rule 8 (2) (d) of Rules of 2008 to make on-line applications for their inter-district transfer. In case any such application would be made by the incumbents, then the process would be ensured strictly in accordance with law. As it is alleged and there is apprehension that pick and choose policy would be adopted in the transfer. In such a situation the Court is of the considered opinion that for ensuring fair play and transparency, the Secretary (Basic Education), Government of UP, Lucknow as well as Secretary, U.P. Basic Education Board, Allahabad shall monitor the entire transfer process in this regard. In case there is any lapses, irregularities or partiality in this regard, they would be solely responsible. It is made clear that in case any discrimination is done in the transfer, then the higher authority would be at liberty to proceed against the concerned authority in this regard.
10. With the aforesaid directions/observations, the writ petition is disposed of."
The instant contempt application has been filed alleging that despite the applicants having filed application seeking transfer to district Saharanpur, the opposite parties have not taken any decision in the matter so far.
On matter being taken up today, Sri Bhola Nath Yadav, learned counsel appearing on behalf of the Board has placed on record the instructions received by him from the Secretary, U.P. Basic Shiksha Parishad, Allahabad, according to which there is no vacancy at Saharanpur, consequently, the claim of the applicants for transfer to district Saharanpur could not be acceded to.
In view of the aforesaid stand of the Board, this Court is not inclined to proceed any further in the instant matter.
The contempt application stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 27.7.2018 AM/-