Court No. - 36
Case :- WRIT - A No. - 9120 of 2019 Petitioner :- Smt. Vijay Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rohit Kumar,Anil Kumar Srivastava Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner herein seeks a writ of mandamus commanding the respondent no. 2 namely the Secretary, Basic Education Board, U.P., Allahabad to consider her claim for transfer to District Gonda to District Hathras.
The contention of the petitioner is that she had applied for inter- district transfer by moving On-line application giving options for three districts namely Hathras, Aligarh and Etah. The petitioner was given seven quality point marks in the process of transfer, but she had not been transferred and some other candidate having same marks as that of the petitioner had been transferred to District Aligarh.
The assertion that any other candidate had been transferred with the same quality point marks, cannot be entertained in the present writ petition, inasmuch as, the position in that regard is not clear from the averments made in the writ petition.
It is noteworthy that the petitioner could not make it to the transfer list prepared by the respondent no. 2 as per the inter- district transfer policy. There is no challenge to the said list or transfer of any other incumbent.
Moreover, Academic Session 2019-20 had commenced from 1.4.2019. The chain of transfer for the current academic session is completed much before the commencement of the same.
In the said scenario, no mandamus can be issued.
However, it is open for the petitioner to apply a fresh before the ensuing session 2020-21 as per the transfer policy formulated for the purpose.
The writ petition is disposed of. Order Date :- 29.5.2019/Brijesh