The Single Judge dismissed the Writ Petition filed by a promoted Principal challenging his posting to a specific school. The court held that he had no legal right for a particular posting and found no manifest error in the promotion order.
The writ petition was dismissed with no order in the matter.
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Court No. - 5
Case :- WRIT - A No. - 18410 of 2019 Petitioner :- Dr. Rakesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Pandey,Shambhavi Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard the learned counsel for the petitioner and the learned standing counsel for the State respondents.
By the impugned order dated 6.12.2018, the petitioner was promoted to the post of Principal. He has been posted at Government High School, Deenamgarh Ikauna, Shrawasti.
The contention of the learned counsel for the petitioner is that daughter of the petitioner is undergoing treatment at AIMS, and therefore, he may not be posted in the aforesaid school.
I do not find any substance in the submission of learned counsel for the petitioner.
The petitioner has been promoted and has been posted in the aforesaid school. The said order of promotion and posting does not suffer from any manifest error of law. That apart, the petitioner has no legal right for his posting after promotion in a particular school. This writ petition has been filed about one year of passing of the impugned order.
In view of the aforesaid, I do not find any good reason to interfere with the impugned order dated 6.12.2018. Therefore, the writ petition is dismissed.
Order Date :- 29.11.2019 Arif
2 issues framed by the court
Whether the posting order of a promoted educationist to a specific school in disfavour of his daughter's medical treatment needs to be interfered with.
Whether a substantive legal right to post in a particular school after promotion exists.
Dr. Rakesh Kumar
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
