Narrating the facts of this case, it is stated that appellants were appointed at different places after their selection on the post of Assistant Teacher. After their posting and on completion of a period of three years, they made applications to seek transfer pursuant to Government Order dated 02.12.2019 and guidelines for inter-district transfer. It was admittedly without completion of period of five years as otherwise required under Rule 8 (2) (d) of U.P. Basic Education (Teachers) (Posting) Rules, 2008 (in short “Posting Rules, 2008”) . The Government Order dated 02.12.2019 permitted an application for transfer even if one has completed three years at one place after posting. The appellants submitted applications but it has not been considered because of the impugned judgment nullifying the clause permitting an application for transfer on completion of three years after new posting. Learned Single Judge, thus, exceeded its jurisdiction rather enlarged the scope of writ petition by issuing direction in reference to other clauses to the Government Order dated 02.12.2019 and therefore, the impugned judgment be set aside.
