Dismissed

Sarita Rani and 7 Ors. v. State of U.P. and 4 Ors.

Allahabad HC23 Oct 2018SPLA/1035/2018

Case brief

AI extract

What is this about?

An appellant challenged the dismissal of a writ petition regarding the transfer of surplus teachers. The Special Appeal Bench held that the transfer was permissible for accommodation purposes and did not require option invitations applicable to urban-rural transfers, dismissing the appeal.

What did the court decide?

No relief to appellant; appeal dismissed due to lack of merit in the facts and application of law.

Sarita Rani and 7 Ors. Vs State of U.P. and 4 Ors. — Education and Admissions | Allahabad HC (2018)

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Court No. - 21

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Case :- SPECIAL APPEAL No. - 1035 of 2018

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Appellant :- Sarita Rani And 7 Ors Respondent :- State Of U.P. And 4 Ors Counsel for Appellant :- Kushmondeya Shahi Counsel for Respondent :- C.S.C.,Bhola Nath Yadav

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Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.

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This appeal is preferred to question correctness of the order dated 12.9.2018 passed by learned single Bench in Writ-A No. 19345 of 2018 (Sarita Rani and others Vs. State of U.P. and others). By the order impugned learned single Bench dismissed the petition for writ preferred by the appellant petitioners assailing validity of the order dated 18.8.2018 passed by the District Basic Education Officer, Saharanpur. Under the order aforesaid the appellant petitioners on being declared surplus were accommodated at different basic education schools by adhering the principle of last come first go.

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The submission of learned counsel appearing on behalf of the appellant petitioners before us is that the learned single Bench failed to appreciate that as per Rule 5 of the U.P. Basic Education (Teachers)(Posting) Rules, 2008 a list of teachers selected in accordance with the provisions of U.P. Basic Education (Teachers) Service Rules, 1981 is required to be prepared in the manner prescribed in the rules itself and that has not been adhered in the instant matter. It is further submitted that learned single Bench also failed to appreciate that in several judgments including the case of Tej Kumari Chopra Vs. State of U.P. and others reported in 2006 AWC 5 4280 and Mumtaz Tarranum Vs. State of U.P. and others , reported in 2015 (4) ADJ 415 such transfers could not have been made without inviting options.

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On going through the entire record and examining the provisions cited, we do not find any merit in this appeal. So far as the Rule 5 of the Rules of 2008 is concerned that applies at the time of posting of a person selected as teacher as a consequence of process of selection initiated under the Rules of 1981. Instant one is not a case of initial appointment but absorption of a surplus employee. So far as the judgments cited by learned counsel are concerned those too are having no application in the instant matter as the option is required to be invited in the event of transfer from urban to rural area and vice versa . As already stated, in the case in hand, the appellant petitioners were declared surplus and then they were transferred to different schools only to accommodate them in service.

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In our considered opinion learned single Bench rightly appreciated the facts and law applicable. No interference is warranted. Appeal is dismissed, accordingly.

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Order Date :- 23.10.2018 Shekhar

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[Chandra Dhari Singh, J.] [Govind Mathur, J.]

Sarita Rani and 7 Ors. v. State of U.P. and 4 Ors.

Case brief

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Sarita Rani and 7 Ors. v. State of U.P. and 4 Ors.

Case brief

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What the court decided

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