गाजियाबाद की भी इंटर डिस्ट्रिक्ट ट्रांसफर 2nd लिस्ट जारी होगी , सरकार ने हलफनामा दिया की जल्द ही दुसरी ट्रांसफर लिस्ट जारी करेंगे

गाजियाबाद  की भी  इंटर डिस्ट्रिक्ट ट्रांसफर 2nd लिस्ट जारी होगी ,
सरकार ने हलफनामा दिया की जल्द ही दुसरी ट्रांसफर लिस्ट जारी करेंगे 

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 40 

Case :- WRIT - A No. - 23881 of 2018 

Petitioner :- Neeru Gupta 
Respondent :- State Of U.P. And 2 Others 
Counsel for Petitioner :- Preet Pal Singh Rathore,Devendra Kumar Shukla 
Counsel for Respondent :- C.S.C.,Mrigraj Singh 

Hon'ble Ajit Kumar,J. 
Heard learned counsel for the petitioner, Sri Mrigraj Singh, learned counsel for respondent Nos. 2 & 3 and learned Standing Counsel for State. 
Learned counsel for the petitioner submits that the petitioner is female Assistant Teacher appointed in the year 2015 and she is seeking her transfer in terms of provisions of Rule 8(2)(d) of the U.P. Basic Education (Teachers) (Posting) Rules, 2008 but despite a clear direction of this court in the order dated 06.02.2018 in Writ-A No. 2868 of 2018 (Bibha Singh Kushwaha and 21 others v. State of U.P.), no transfer order has been passed as yet in so far as the District Ghaziabad is concerned. 
Learned counsel for respondent Nos. 2 and 3 states on instructions that a transfer list for transfer of Assistant Teacher relating to District- Ghaziabad shall be issued shortly. 
In view of the aforesaid, this writ petition is disposed of directing the respondent Nos. 2 and 3 to pass orders on pending application for transfer relating to District Ghaziabad, within two weeks from the date of presentation of a certified copy of this order. In the event, transfer application relating to transfer for District- Ghaziabad has already been disposed of, then the decision with respect to the transfer application of the petitioner shall be communicated to her within the same period. 
Order Date :- 15.11.2018 
Atmesh 



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झाँसी की भी इंटर डिस्ट्रिक्ट ट्रांसफर 2nd लिस्ट जारी होगी , सरकार ने हलफनामा दिया की जल्द ही दुसरी ट्रांसफर लिस्ट जारी करेंगे

झाँसी की भी  इंटर डिस्ट्रिक्ट ट्रांसफर 2nd लिस्ट जारी होगी ,
सरकार ने हलफनामा दिया की जल्द ही दुसरी ट्रांसफर लिस्ट जारी करेंगे 



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 40 

Case :- WRIT - A No. - 23891 of 2018 

Petitioner :- Sonal Pahariya 
Respondent :- State Of U.P. And 5 Others 
Counsel for Petitioner :- Awadhesh Prasad 
Counsel for Respondent :- C.S.C.,Chandrakesh Rai,Pankaj Kumar Tyagi 

Hon'ble Ajit Kumar,J. 
Heard learned counsel for the petitioner as well as learned counsel for respondents and learned Standing Counsel for State. 
Learned counsel for the petitioner submits that the petitioner is female Assistant Teacher appointed in the year 2015 and she is seeking her transfer in terms of provisions of Rule 8(2)(d) of the U.P. Basic Education (Teachers) (Posting) Rules, 2008 but despite a clear direction of this court in the order dated 06.02.2018 in Writ-A No. 2868 of 2018 (Bibha Singh Kushwaha and 21 others v. State of U.P.), no transfer order has been passed as yet in so far as the District Jhansi is concerned. 
Learned counsel for respondent Nos. 2 and 3 states on instructions that a transfer list for transfer of Assistant Teacher relating to District- Jhansi shall be issued shortly. 
In view of the aforesaid, this writ petition is disposed of directing the respondent Nos. 2 and 3 to pass orders on pending application for transfer relating to District Jhansi, within two weeks from the date of presentation of a certified copy of this order. In the event, transfer application relating to transfer for District- Jhansi has already been disposed of, then the decision with respect to the transfer application of the petitioner shall be communicated to her within the same period. 
Order Date :- 15.11.2018 
Atmesh 

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मुरादाबाद की इंटर डिस्ट्रिक्ट ट्रांसफर की दुसरी लिस्ट जारी होगी , सरकार ने हलफनामा दिया की जल्द ही दुसरी ट्रांसफर लिस्ट जारी करेंगे

मुरादाबाद की इंटर डिस्ट्रिक्ट ट्रांसफर की दुसरी लिस्ट जारी होगी ,
सरकार ने हलफनामा दिया की जल्द ही दुसरी ट्रांसफर लिस्ट जारी करेंगे 

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 40 

Case :- WRIT - A No. - 24001 of 2018 

Petitioner :- Shabana And Another 
Respondent :- State Of U.P. And 3 Others 
Counsel for Petitioner :- Sandeep Kumar Choudhary,Amit Rana 
Counsel for Respondent :- C.S.C.,Prem Prakash Yadav,Shyam Krishna Gupta 

Hon'ble Ajit Kumar,J. 
Heard learned counsel for the petitioners as well as learned counsel for the respondents and learned Standing Counsel for the State. 
Learned counsel for the petitioners submits that both the petitioners are female Assistant Teachers appointed in the year 2008 and they are seeking their transfer in terms of provisions of Rule 8(2)(d) of the U.P. Basic Education (Teachers)(Posting) Rules, 2008 but despite a clear direction of this court in the order dated 06.02.2018 in Writ-A No.2868 of 2018 (Bibha Singh Kushwaha and 21 others vs. State of U.P.), no transfer order has been passed as yet in so far as the District Moradabad is concerned. 
Learned counsel for respondents states on instructions that a transfer list for transfer of Assistant Teachers relating to District Moradabad shall be issued shortly. 
In view of the aforesaid, this writ petition is disposed of directing the respondent Nos. 2 to 4 to pass orders on all pending applications for transfer relating to District Moradabad, within two weeks from the date of presentation of a certified copy of this order. In the event, transfer applications relating to transfer for District Moradabad have already been disposed of, then the decision with respect to the transfer applications of the petitioners shall be communicated to them within the same period. 
Order Date :- 15.11.2018 

Atmesh 





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News - Aspirational District se अंतर जनपदीय तबादले की रिट खारिज -

 News - Aspirational District se अंतर जनपदीय तबादले की रिट खारिज - 



Hon'ble Govind Mathur,J. 
Hon'ble Chandra Dhari Singh,J. 
(Delivered by Hon'ble Govind Mathur, J.) 
Judgment under challenge in these appeals is dated 13.08.2018 passed by learned Single Bench in a batch of writ petitions led by Writ-A No. 14395 of 2018. 
Learned Single Bench under the judgment impugned arrived at the conclusion that the petitioners (appellants herein) working as Assistant Teachers in aspirational districts have no right for inter-districts transfer and, as such, they are not having any enforceable legal right to ask for a writ in the nature of mandamus to transfer them from the aspirational district to some other district. 
The factual matrix of the case is that the appellants are working as Assistant Teachers in Primary Schools in the districts of Siddharth Nagar, Shrawasti, Behraich, Sonbhadra, Chandauli, Fatehpur, Chitrakoot and Balrampur. The districts aforesaid are known as aspirational districts in light of the Government of India policy for "Transformation of Aspirational Districts, 2018". The policy aforesaid prescribes a programme of the Government of India incurred by NITI Aayog steering the initiative in several districts of the country which are "Left Wing Extremism" affected. 
In the programme aforesaid, the Government is committed to raise the living standards of its citizens and ensuring inclusive growth of all. To avail optimum utilization of the potential available, the programme focuses closely on improving people's ability to participate fully in the vibrant economy. The other areas of focus under the Programme aforesaid are health and nutrition, education, agriculture and water resources, financial inclusions, skill development and basic infrastructure. 
The Government of Uttar Pradesh under its conscious decision communicated vide Circular dated 10.06.2018 that no transfer of Assistant Teachers shall be made to other districts from 08 aspirational districts, namely, Siddhartha Nagar, Shrawasti, Behraich, Sonbhadra, Chandauli, Fatehpur, Chitrakoot and Balrampur. Being aggrieved by the decision of the Government of Uttar Pradesh circulated under the Circular dated 10.06.2018 issued by the Secretary, Uttar Pradesh Basic Education Council, Allahabad, the appellants preferred petitions for writ those came to be dismissed under the judgment impugned. 
While questioning correctness of the judgment dated 13.08.2018, several arguments have been advanced mainly focusing to the scope and nature of the provisions of Rule 21 of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as "Rules, 1981") that reads as follows:- 
"21. Transfer - There shall be no transfer of any teacher from the rural local area to an urban local area or vice versa or from one urban local area to another of the same district or from local area of one district to that of another district except on the request of or with the consent of the teacher himself and in either case approval of the Board." 
Suffice it to state that the Rules, 1981 were enacted by the Governor of Uttar Pradesh in exercise of the powers under sub-Section (1) of Section 19 of the Uttar Pradesh Basic Education Act, 1972 (hereinafter referred to as "Act, 1972"). The Rules, 1981 regulate recruitment and other service conditions of all the teachers employed in Basic Education in the State. 
As per Clause (c) of sub-Rule (1) of Rule 2, "Basic School" means a school wherefrom education from Class-I to Class-VIII are imparted. As per Clause (i) of sub-Rule (1) of Rule 2, "Local area" means the area over which a Local Body exercises jurisdiction and under Clause (l) of the Rule aforesaid, "Selection Committee" means the Selection Committee constituted under Rule 16. As per Rule 16, the Selection Committee for Selection of Candidates for Appointment to any post under the Rules, 1981 shall consist of (a) An officer of the rank of Additional District Magistrate nominated by District Magistrate - Chairman, (b) District Basic Education Officer - Member, (c) Principal, Government Girl's Intermediate College at the District Head Quarter - Member, (d) District Non-Formal Education Officer - Member, and (e) One specialist in Hindi, Urdu or other languages as the case may be; nominated by District Magistrate - Member. As per Clause (b) of sub-Rule (1) of Rule (2) the "Appointing Authority" to any post in service under the Rules, 1981 is District Basic Education Officer. 
Part II of the Rules, 1981 pertains to cadre and strength. Rule 4 of Rules, 1981 provides that there shall be a separate cadre of service under the Rules for each local area. The strength for a local area and the number of posts in the cadre shall be such as may be determined by the Uttar Pradesh Basic Education Board from time to time with previous approval of the State Government. 
The provisions aforesaid clearly indicates that cadre of different posts under the Rules, 1981 shall be at district level. The resultant conclusion is that service under the Rules, 1981 is constituted at District level and, as such, Members of service cannot be transferred from one district to other as that would amount to change of cadre and even the Appointing Authority. 
Rule 21 of the Rules, 1981 is an exception to above as that permits transfer of a teacher appointed under the Rules, 1981 from the rural local area to urban local area or vice versa or from one urban local area to another of the same district or from local area of one district to that of another district. Such transfer, however, can be made on request of or with the consent of teachers himself and in either case with the approval of the Board. 
Under the decision impugned, the Government of Uttar Pradesh has restrained application of the relaxation granted under the Rule 21 of Rules, 1981 for the aspirational districts. 
While challenging the decision aforesaid which has been upheld by learned Single Bench, the argument advanced on behalf of the appellants is that restriction imposed is highly discriminatory as teachers working in the districts or the local areas other than the aspirational districts shall be having opportunity to be transferred as per Rule 21, but the teachers working in the aspirational districts would be deprived of that. It is also stated that all the appellants are women and they are working in the aspirational districts from last several years and now when they want their transfer to the district of their choice as per the provisions of the Rules, 1981, the respondents have decided not to operate Rule 21 qua them, as such, the same is highly unjust and arbitrary too. It is also urged that Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 (hereinafter referred to as "Rules, 2008") shall prevail over the Rules, 1981 and Rule 8(2)(d) of the Rules, 2008 provides for inter-districts transfer and, as such, by a Government Order, application of Rule aforesaid could have not been dispensed with. It is also emphasized that Clause 6 of the existing Transfer Policy, the districts where vacancies against sanctioned posts are more than 15%, no inter-districts transfer of an Assistant Teacher shall be made. The Uttar Pradesh Basic Education Board under its letter dated 06.02.2018 notified 40766 vacancies of Assistant Teachers in Primary Schools and 6719 Headmasters of Primary Schools/Assistant Teacher of Higher Basic School. As per Clause 3 of the Transfer Policy, inter-district transfer is to be made to the extent of 25% of the available vacancy only, as such, the transfer that is to be made from aspirational district to other shall be too less and negligible and that would not effect implementation of the Programme of 2018 adversely. 
Heard learned counsels appearing on behalf of the appellants. 
On going through the provisions applicable, we do not find any merit in these appeals. At the threshold, it would be appropriate to state that Rule 21 of the Rules, 1981, on its face, does not create any substantive right in favour of the appellant-petitioners. Rule 21, as a matter of fact, provides a relaxation with necessary checks for transfer of a teacher from one district/local area to other district/local area, which is otherwise not permissible by statute. It is well settled that relaxation to rules in normal course cannot be claimed as a matter of right. 
In view of it, we are having no hesitation in affirming the finding given by learned Single Bench that Rule 21 of the Rules, 1981 does not create any legally enforceable right in favour of the appellants. However, the issue under consideration is that whether denial of such relaxation to the Assistant Teachers working in aspirational districts shall be justifiable when the teachers working in the other districts are having choice to claim relaxation for their transfer from one district/local area to other district/local area. 
In other words, precisely, the issue before us is whether the decision of the Government of Uttar Pradesh circulated under the Circular dated 10.06.2018 is irrational, arbitrary and discriminatory, being not founded on a reasonable criteria having nexus with the object sought to be achieved. As already stated, the aspirational districts are the districts identified by the Government of India to meet extreme left upsurge in several districts of the country including 08 districts in the State of Uttar Pradesh. As per the Programme, the State Government is required to have intensive operations in the field of education, health, nutrition, agriculture and water resources, financial inclusions, skill development and basic infrastructure. To have such operations, need of teachers is highly desirable. Pertinent to notice that as per the Programme of the Government, a huge budget is assigned to the field of education and a complete transformation of socio economic status of the area is required to be made. The transformation is desired to be satisfied upto the year 2022. The Ministry of Human Resource Development under the Programme aforesaid has rendered several schemes for the aspirational districts. The Government of Uttar Pradesh has also taken initiatives for aspirational districts by making District Action Plan. The District Action Plan relates to different identified sectors including the education. To execute the programme aforesaid, need of teachers is essential and, looking to that, the Government has decided not to extend relaxation as per Rule 2 to the teachers working in aspirational districts. The decision of the Government, as such, is based upon reasonable criteria and that does not suffer from any such wrong that may be termed and treated as unjust or arbitrary. 
At the cost of repetition, it would be appropriate to state that Rule 21 is only a relaxation clause and that in no manner creates any substantive enforceable legal right sufficient to issue a writ in the nature of mandamus. 
So far as Rule 8(2)(d) of the Rules, 2008 is concerned, suffice it to state that that too does not create any right in favour of the appellants. A plain reading of the Rule aforesaid makes it clear that this too is an exception to the general rule of not transferring a person from one district to other district in normal course. 
In light of whatever stated above, the appeals lack merit, hence the same are dismissed. 
Order Date :- 4.10.2018 
Shubham 

(Chandra Dhari Singh, J.)         (Govind Mathur, J.)


http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=6683283

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एस्पिपिरेशनल डिस्ट्रिक्ट से इंटरडिस्ट्रिक्ट ट्रांसफर मामले में कोर्ट कार्यवाही

एस्पिपिरेशनल डिस्ट्रिक्ट से इंटरडिस्ट्रिक्ट ट्रांसफर मामले में कोर्ट कार्यवाही

Court No. - 40

Case :- SPECIAL APPEAL DEFECTIVE No. - 778 of 2018

Appellant :- Smt. Sneh
Respondent :- U.P. Basic Education Board And 4 Ors
Counsel for Appellant :- Siddharth Singhal
Counsel for Respondent :- C.S.C.,Virendra Chaubey

Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Om Prakash-VII,J.
Order on Delay Condonation Application No.1 of 2018
Heard Sri Siddharth Singhal, learned counsel for the appellant and perused the affidavit filed in support of delay condonation application.
The delay explained in the affidavit discloses sufficient cause. Delay is condoned.
The delay condonation application is allowed.
Appeal shall be given regular number.
Order Date :- 12.10.2018
ss


Court No. - 40

Case :- SPECIAL APPEAL DEFECTIVE No. - 778 of 2018

Appellant :- Smt. Sneh
Respondent :- U.P. Basic Education Board And 4 Ors
Counsel for Appellant :- Siddharth Singhal
Counsel for Respondent :- C.S.C.,Virendra Chaubey

Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Om Prakash-VII,J.
Order on appeal
This appeal assails the order dated 13.08.2018 in the writ petition filed by the appellant pertaining to the relief prayed for namely that the application of the petitioner should be processed for transfer from Lakhimpur Kheri to Muzaffar Nagar. This is a matter of inter-district transfer of Assistant Teachers pursuant to Government Orders dated 13.6.2017, 20.09.2017 and 05.09.2018 read with the provisions of Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008.
A large number of writ petitions were filed pertaining to transfer in aspirational districts and this legal issue came to be decided by answering the three questions framed by the learned Single Judge vide judgment and order dated 13.08.2018 holding that Assistant Teachers, who are working in aspirational districts, have no right of inter-districts transfer. It is further held that in the matter of transfer, the Board has the authority to frame guidelines and such guidelines, if framed, do not violate the Rules.
Learned counsel for the appellant contended that in the said bunch, the appellant's case was also listed and it has been dismissed applying the ratio of the judgment in the case of Smt. Ruchi versus State of U.P. and 2 others delivered on the same day.
Submission of the learned counsel for the appellant is that apart from the aforesaid legal issue, there was a specific case set up by the appellant in paragraph no. 32 and 33 to the following effect :
"32. That the entire exercise that has been undertaken by the respondents pertaining to the inter-district-transfer of the primary school teachers suffers from arbitrariness which is apparent from the face of the record inasmuch as the candidates who have secured 5 points have been granted inter-district-transfer.
33. That the petitioner is bringing on record the transfer orders pertaining to certain candidates who had either secured 5 points or 7 points and have still been granted the transfer while the petitioner has been denied the same even though petitioner stands on better footing as compared to such candidates. Copy of some of the orders in respect of the applicants who had secured 5 points and 7 points and who have been granted inter-district-transfer are being filed herewith collectively and marked as Annexure-17 to the present writ petition."
Leaned counsel for the appellant submits that it appears that at the time of disposal of the writ petition, the aforesaid contention raised by the appellant on the ground of violation of Article 14 of the Constitution of India that some other candidates had been extended the benefit of transfer, who had secured 5 and 7 points respectively was not noted which prejudiced the cause of the appellant. To support the submission, learned counsel for the appellant invited the attention of the Court to the documents filed as Annexure-17 to the said application bringing on record the transfer orders of such candidates, who are similarly situated, particularly with regard to the transfers made in the district of Muzaffar Nagar.
Prima facie this distinguishing feature does not appear to have been dealt with by the learned Single Judge. So far as the other legal issues are concerned, we see no reason to take a different view from the judgment of the Division Bench in Special Appeal No.870 of 2018 (Smt. Shikha Singh and 24 Others Versus State of U.P and 3 Others) decided on 04.10.2018 upholding the judgment of the learned Single Judge, but so far as this specific case is concerned, as pleaded by the appellant the same does not appear to have been dealt with.
Accordingly, we direct that Sri Virendra Chaubey, learned counsel appearing for respondent no.4 may file a counter affidavit particularly with regard to the averments made by the appellant in paragraphs no.32 and 33 of the original petition within two weeks.   
List immediately thereafter.
Order Date :- 12.10.2018
ss



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डिवीजन / डबल बेंच ने ख़ारिज की एस्पिरेशनल डिस्ट्रिक्ट से अंतर जनपदीय ट्रांसफर याचिका No Transfer from Aspirational District : Court

डिवीजन / डबल बेंच ने ख़ारिज की एस्पिरेशनल डिस्ट्रिक्ट से अंतर जनपदीय ट्रांसफर याचिका No Transfer from Aspirational District : Court


HIGH COURT OF JUDICATURE AT ALLAHABAD 

(Reserved) 
Court No. - 21 

Case :- SPECIAL APPEAL No. - 870 of 2018 
Appellant :- Smt. Shikha Singh And 24 Others 
Respondent :- State Of U.P. And 3 Others 
Counsel for Appellant :- Sri Ashok Khare, Senior Advocate, assisted by Sri Navin Kumar Sharma, Sri R.K. Ojha, Senior Advocate, assisted by Sri Shailendra 
Counsel for Respondent :- C.S.C.,Deo Dayal 

with 

Case :- SPECIAL APPEAL No. - 861 of 2018 
Appellant :- Shritika Jaiswal And 10 Ors 
Respondent :- State Of U.P. And 2 Ors 
Counsel for Appellant :- Navin Kumar Sharma,Mr. Ashok Khare 
Counsel for Respondent :- C.S.C.,Deo Dayal 

with 

Case :- SPECIAL APPEAL No. - 875 of 2018 
Appellant :- Meena Chandra 
Respondent :- State Of U.P. And 3 Others 
Counsel for Appellant :- Navin Kumar Sharma 
Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh 

with 

Case :- SPECIAL APPEAL No. - 869 of 2018 
Appellant :- Alka Singh And Another 
Respondent :- State Of U.P. And Another 
Counsel for Appellant :- Amal Darsingh 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav 

with 

Case :- SPECIAL APPEAL No. - 868 of 2018 
Appellant :- Smt. Kshama Chaudhary And 2 Others 
Respondent :- State Of U.P. And Another 
Counsel for Appellant :- Sudhir Kumar (Chandraul) 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav 

with 

Case :- SPECIAL APPEAL No. - 871 of 2018 
Appellant :- Urmila Nagar And 4 Ors 
Respondent :- State Of U.P. And 3 Ors 
Counsel for Appellant :- Arvind Kumar Singh 
Counsel for Respondent :- C.S.C.,Mangla Prasad Rai 

with 

Case :- SPECIAL APPEAL No. - 860 of 2018 
Appellant :- Roshni Singh And 2 Ors 
Respondent :- State Of U.P. And 4 Ors 
Counsel for Appellant :- Shivendu Ojha,Radha Kant Ojha 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav 

with 

Case :- SPECIAL APPEAL No. - 859 of 2018 
Appellant :- Antima Tiwari And 7 Ors 
Respondent :- State Of U.P. And 12 Ors 
Counsel for Appellant :- Shivendu Ojha,Radha Kant Ojha 
Counsel for Respondent :- C.S.C.,Ashok Kumar Singh,Deo Dayal 

with 

Case :- SPECIAL APPEAL No. - 883 of 2018 
Appellant :- Priyanka Shukla And 37 Ors 
Respondent :- State Of U.P. And 2 Ors 
Counsel for Appellant :- Navin Kumar Sharma 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav 

with 

Case :- SPECIAL APPEAL No. - 884 of 2018 
Appellant :- Priyanka Srivastava 
Respondent :- U.P. Basic Education Board And 3 Ors 
Counsel for Appellant :- Rajesh Kumar Khare 
Counsel for Respondent :- C.S.C.,Ashok Kumar Singh,Ashok Kumar Yadav 

with 

Case :- SPECIAL APPEAL No. - 905 of 2018 
Appellant :- Smt. Sonu Verma And 3 Others 
Respondent :- State Of U.P. And 2 Ors 
Counsel for Appellant :- Sandeep Saxena 
Counsel for Respondent :- C.S.C.,Raghvendra Pratap Singh 

with 

Case :- SPECIAL APPEAL No. - 915 of 2018 
Appellant :- Beena Sharma And 2 Ors 
Respondent :- State Of U.P. And 3 Ors 
Counsel for Appellant :- Amal Darsingh 
Counsel for Respondent :- C.S.C.,Bhola Nath Yadav 

with 

Case :- SPECIAL APPEAL No. - 882 of 2018 
Appellant :- Ranjana Singh And 20 Ors 
Respondent :- State Of U.P. And 2 Ors 
Counsel for Appellant :- Navin Kumar Sharma 
Counsel for Respondent :- C.S.C.,Mangla Prasad Rai 

with 

Case :- SPECIAL APPEAL DEFECTIVE No. - 693 of 2018 
Appellant :- Priyanka Singh And 24 Ors 
Respondent :- State Of U.P. And 3 Ors 
Counsel for Appellant :- Anil Kumar Singh Bishen,Agnihotri Kumar Tripathi 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav 

with 

Case :- SPECIAL APPEAL DEFECTIVE No. - 724 of 2018 
Appellant :- Shalini Yadav And 16 Ors 
Respondent :- State Of U.P. And Another 
Counsel for Appellant :- Ravi Kant Yadav,Ashutosh Dwivedi 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav 

Hon'ble Govind Mathur,J. 
Hon'ble Chandra Dhari Singh,J. 
(Delivered by Hon'ble Govind Mathur, J.) 
Judgment under challenge in these appeals is dated 13.08.2018 passed by learned Single Bench in a batch of writ petitions led by Writ-A No. 14395 of 2018. 
Learned Single Bench under the judgment impugned arrived at the conclusion that the petitioners (appellants herein) working as Assistant Teachers in aspirational districts have no right for inter-districts transfer and, as such, they are not having any enforceable legal right to ask for a writ in the nature of mandamus to transfer them from the aspirational district to some other district. 
The factual matrix of the case is that the appellants are working as Assistant Teachers in Primary Schools in the districts of Siddharth Nagar, Shrawasti, Behraich, Sonbhadra, Chandauli, Fatehpur, Chitrakoot and Balrampur. The districts aforesaid are known as aspirational districts in light of the Government of India policy for "Transformation of Aspirational Districts, 2018". The policy aforesaid prescribes a programme of the Government of India incurred by NITI Aayog steering the initiative in several districts of the country which are "Left Wing Extremism" affected. 
In the programme aforesaid, the Government is committed to raise the living standards of its citizens and ensuring inclusive growth of all. To avail optimum utilization of the potential available, the programme focuses closely on improving people's ability to participate fully in the vibrant economy. The other areas of focus under the Programme aforesaid are health and nutrition, education, agriculture and water resources, financial inclusions, skill development and basic infrastructure. 
The Government of Uttar Pradesh under its conscious decision communicated vide Circular dated 10.06.2018 that no transfer of Assistant Teachers shall be made to other districts from 08 aspirational districts, namely, Siddhartha Nagar, Shrawasti, Behraich, Sonbhadra, Chandauli, Fatehpur, Chitrakoot and Balrampur. Being aggrieved by the decision of the Government of Uttar Pradesh circulated under the Circular dated 10.06.2018 issued by the Secretary, Uttar Pradesh Basic Education Council, Allahabad, the appellants preferred petitions for writ those came to be dismissed under the judgment impugned. 
While questioning correctness of the judgment dated 13.08.2018, several arguments have been advanced mainly focusing to the scope and nature of the provisions of Rule 21 of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as "Rules, 1981") that reads as follows:- 
"21. Transfer - There shall be no transfer of any teacher from the rural local area to an urban local area or vice versa or from one urban local area to another of the same district or from local area of one district to that of another district except on the request of or with the consent of the teacher himself and in either case approval of the Board." 
Suffice it to state that the Rules, 1981 were enacted by the Governor of Uttar Pradesh in exercise of the powers under sub-Section (1) of Section 19 of the Uttar Pradesh Basic Education Act, 1972 (hereinafter referred to as "Act, 1972"). The Rules, 1981 regulate recruitment and other service conditions of all the teachers employed in Basic Education in the State. 
As per Clause (c) of sub-Rule (1) of Rule 2, "Basic School" means a school wherefrom education from Class-I to Class-VIII are imparted. As per Clause (i) of sub-Rule (1) of Rule 2, "Local area" means the area over which a Local Body exercises jurisdiction and under Clause (l) of the Rule aforesaid, "Selection Committee" means the Selection Committee constituted under Rule 16. As per Rule 16, the Selection Committee for Selection of Candidates for Appointment to any post under the Rules, 1981 shall consist of (a) An officer of the rank of Additional District Magistrate nominated by District Magistrate - Chairman, (b) District Basic Education Officer - Member, (c) Principal, Government Girl's Intermediate College at the District Head Quarter - Member, (d) District Non-Formal Education Officer - Member, and (e) One specialist in Hindi, Urdu or other languages as the case may be; nominated by District Magistrate - Member. As per Clause (b) of sub-Rule (1) of Rule (2) the "Appointing Authority" to any post in service under the Rules, 1981 is District Basic Education Officer. 
Part II of the Rules, 1981 pertains to cadre and strength. Rule 4 of Rules, 1981 provides that there shall be a separate cadre of service under the Rules for each local area. The strength for a local area and the number of posts in the cadre shall be such as may be determined by the Uttar Pradesh Basic Education Board from time to time with previous approval of the State Government. 
The provisions aforesaid clearly indicates that cadre of different posts under the Rules, 1981 shall be at district level. The resultant conclusion is that service under the Rules, 1981 is constituted at District level and, as such, Members of service cannot be transferred from one district to other as that would amount to change of cadre and even the Appointing Authority. 
Rule 21 of the Rules, 1981 is an exception to above as that permits transfer of a teacher appointed under the Rules, 1981 from the rural local area to urban local area or vice versa or from one urban local area to another of the same district or from local area of one district to that of another district. Such transfer, however, can be made on request of or with the consent of teachers himself and in either case with the approval of the Board. 
Under the decision impugned, the Government of Uttar Pradesh has restrained application of the relaxation granted under the Rule 21 of Rules, 1981 for the aspirational districts. 
While challenging the decision aforesaid which has been upheld by learned Single Bench, the argument advanced on behalf of the appellants is that restriction imposed is highly discriminatory as teachers working in the districts or the local areas other than the aspirational districts shall be having opportunity to be transferred as per Rule 21, but the teachers working in the aspirational districts would be deprived of that. It is also stated that all the appellants are women and they are working in the aspirational districts from last several years and now when they want their transfer to the district of their choice as per the provisions of the Rules, 1981, the respondents have decided not to operate Rule 21 qua them, as such, the same is highly unjust and arbitrary too. It is also urged that Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 (hereinafter referred to as "Rules, 2008") shall prevail over the Rules, 1981 and Rule 8(2)(d) of the Rules, 2008 provides for inter-districts transfer and, as such, by a Government Order, application of Rule aforesaid could have not been dispensed with. It is also emphasized that Clause 6 of the existing Transfer Policy, the districts where vacancies against sanctioned posts are more than 15%, no inter-districts transfer of an Assistant Teacher shall be made. The Uttar Pradesh Basic Education Board under its letter dated 06.02.2018 notified 40766 vacancies of Assistant Teachers in Primary Schools and 6719 Headmasters of Primary Schools/Assistant Teacher of Higher Basic School. As per Clause 3 of the Transfer Policy, inter-district transfer is to be made to the extent of 25% of the available vacancy only, as such, the transfer that is to be made from aspirational district to other shall be too less and negligible and that would not effect implementation of the Programme of 2018 adversely. 
Heard learned counsels appearing on behalf of the appellants. 
On going through the provisions applicable, we do not find any merit in these appeals. At the threshold, it would be appropriate to state that Rule 21 of the Rules, 1981, on its face, does not create any substantive right in favour of the appellant-petitioners. Rule 21, as a matter of fact, provides a relaxation with necessary checks for transfer of a teacher from one district/local area to other district/local area, which is otherwise not permissible by statute. It is well settled that relaxation to rules in normal course cannot be claimed as a matter of right. 
In view of it, we are having no hesitation in affirming the finding given by learned Single Bench that Rule 21 of the Rules, 1981 does not create any legally enforceable right in favour of the appellants. However, the issue under consideration is that whether denial of such relaxation to the Assistant Teachers working in aspirational districts shall be justifiable when the teachers working in the other districts are having choice to claim relaxation for their transfer from one district/local area to other district/local area. 
In other words, precisely, the issue before us is whether the decision of the Government of Uttar Pradesh circulated under the Circular dated 10.06.2018 is irrational, arbitrary and discriminatory, being not founded on a reasonable criteria having nexus with the object sought to be achieved. As already stated, the aspirational districts are the districts identified by the Government of India to meet extreme left upsurge in several districts of the country including 08 districts in the State of Uttar Pradesh. As per the Programme, the State Government is required to have intensive operations in the field of education, health, nutrition, agriculture and water resources, financial inclusions, skill development and basic infrastructure. To have such operations, need of teachers is highly desirable. Pertinent to notice that as per the Programme of the Government, a huge budget is assigned to the field of education and a complete transformation of socio economic status of the area is required to be made. The transformation is desired to be satisfied upto the year 2022. The Ministry of Human Resource Development under the Programme aforesaid has rendered several schemes for the aspirational districts. The Government of Uttar Pradesh has also taken initiatives for aspirational districts by making District Action Plan. The District Action Plan relates to different identified sectors including the education. To execute the programme aforesaid, need of teachers is essential and, looking to that, the Government has decided not to extend relaxation as per Rule 2 to the teachers working in aspirational districts. The decision of the Government, as such, is based upon reasonable criteria and that does not suffer from any such wrong that may be termed and treated as unjust or arbitrary. 
At the cost of repetition, it would be appropriate to state that Rule 21 is only a relaxation clause and that in no manner creates any substantive enforceable legal right sufficient to issue a writ in the nature of mandamus. 
So far as Rule 8(2)(d) of the Rules, 2008 is concerned, suffice it to state that that too does not create any right in favour of the appellants. A plain reading of the Rule aforesaid makes it clear that this too is an exception to the general rule of not transferring a person from one district to other district in normal course. 
In light of whatever stated above, the appeals lack merit, hence the same are dismissed. 
Order Date :- 4.10.2018 
Shubham 

(Chandra Dhari Singh, J.)         (Govind Mathur, J.) 


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अंतर्जनपदीय ट्रांसफर अवमानना याचिका में सचिव खुद पहुंचे, सफाई दी - शिक्षिका ने अपनी बीमारी के दस्तावेज नहीं लगाए, मेरिट में नहीं आई, ट्रांसफर ऑनलाइन पारदर्शी ढंग से हुए, कोई मानवीय हस्तक्षेप की गुंजाइश नहीं, कोर्ट में मेटर क्लोज़ -

अंतर्जनपदीय ट्रांसफर अवमानना याचिका में सचिव खुद पहुंचे, सफाई दी - शिक्षिका ने अपनी बीमारी के दस्तावेज नहीं लगाए, मेरिट में नहीं आई, ट्रांसफर ऑनलाइन पारदर्शी ढंग से हुए, कोई मानवीय हस्तक्षेप की गुंजाइश नहीं, कोर्ट में मेटर क्लोज़ -



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 19 

Case :- CONTEMPT APPLICATION (CIVIL) No. - 3836 of 2018 

Applicant :- Smt. Pooja Devi 
Opposite Party :- Sanjay Sinha Secretary And Another 
Counsel for Applicant :- Ravi Sahu 
Counsel for Opposite Party :- A.K.Yadav,Vikram Bahadur Yadav 

Hon'ble Manoj Kumar Gupta,J. 
By order dated 6.2.2018, Writ-A No.4625 of 2018 filed by the applicant was disposed of in terms of the judgement rendered in Writ-A No.2868 of 2018 (Bibha Singh Kushwaha and 21 others Vs. State of U.P. and 2 others. 
The operative part of the judgement dated 6.2.2018 in Bibha Singh Kushwaha (supra) reads thus:- 
"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 applicant had sought transfer by filing online application on the ground that she is seriously ill and, therefore, she should be transferred from District Etawah to district Kanpur Nagar/Jalaun. 
On 27.8.2018, the following order was passed:- 
"Sri Vikram Bahadur Singh has appeared today on behalf of the opposite parties. He has placed on record the instructions received by him from opposite party No. 1, according to which the application of the applicant for transfer was considered, but her name does not figure in the order dated 30.6.2018 issued by the department in regard to the candidates, whose request for inter-district transfer was allowed. 
A perusal of the order of the writ Court reveals that thereunder the Board was required to issue a detailed advertisement in newspapers having wide publicity and thereafter consider request for inter-district transfer. It was also the intent and purport of the order passed by this Court that there could be no bar in seeking transfer on the grounds covered by Rule 8(2)(d), even if five years of service had not been completed at the present place of service. The instructions furnished does not reveal that while finalising the list for transfer, no claim has been excluded on the said ground. It is also not clear that if there are more applicants seeking transfer to a particular district, as compared to vacancies, what criteria was followed in finalising the list. 
Learned counsel for the opposite party is also unable to explain the same. 
In such circumstances, the opposite party No. 1 is directed to appear in person before this Court on 6.9.2018 along with detailed affidavit to show compliance of the order of the writ Court in letter and spirit. 
Put up as fresh on 6.9.2018."� 
In compliance of the said order, opposite party no.1 has appeared in person. He has also filed two affidavits and wherein the stand taken is that the request of the applicant for transfer from district Etawah has been rejected, as the applicant failed to substantiate her claim. It is pointed out that a Government Order was issued on 13.6.2017, according to which, the application seeking transfer was to be filed online on the designated portal alongwith evidence in support of the claim. The applicant had failed to substantiate her claim of illness, as she did not submit any document. It is also stated in the affidavit that under clause 6 of the Government Order, where the existing vacancies in any particular district was more than 15% of the total sanctioned strength in the cadre, no transfer was permissible. 
Sri Arun Kumar, learned counsel appearing on behalf of opposite party no.1 has placed reliance on a judgement of this Court dated 13.8.2018 in Writ-A No.14395 of 2018 Smt. Ruchi Vs. State of U.P. and 2 others with other connected matters, where this Court has upheld the aforesaid restriction placed by Government Order. 
It is further submitted by Sri Arun Kumar that no transfer application has been rejected solely on the ground that a teacher has not completed five years of service at the present place of posting. He further submitted that the claim for transfer has been considered in the light of Government Order dated 13.6.2017 as modified by Government Order dated 20.9.2017. According to the procedure prescribed under these Government Orders, the applications submitted online are subjected to a grading system and marks are awarded accordingly. The aforesaid exercise is carried out by the software developed by National Informatics Centre without any human interference, thus ruling out favouritism. The final orders of transfer have been passed on the basis of points obtained according to the grading system, keeping in mind the vacancies available in each district. The transfer orders could only be downloaded by the candidate himself from the website of National Informatics Centre.� 
This being the factual position, this Court is of the opinion that substantial compliance of the directions issued by this Court in Bibha Singh Kushwaha has been made. 
Accordingly, the notices issued to the opposite parties are discharged. The contempt application is consigned to record. 

(Manoj Kumar Gupta, J) 
Order Date :- 6.9.2018 
SL



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