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Allahabad HC directs basic education council to decide on teacher’s inter-district transfer

The Petitioner at present is working as Assistant Teacher in Upper Primary School, Loniyan Tola, Block-Belghat, District Gorakhpur. The Petitioner pursuant to transfer policy submitted an online application seeking inter-district transfer from Gorakhpur.

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The Allahabad High Court recently directed the Secretary, Basic Education Council, Prayagraj, to take a decision within a month over the inter-district transfer of Ashish Kumar, assistant teacher of Loniyan Belghat Upper Primary School, Gorakhpur.

A single-judge bench of Justice Saral Srivastava passed this order while hearing a petition filed by Ashish Kumar.

The petitioner is working as Assistant Teacher in Upper Primary School, Loniyan Tola, Block-Belghat, District Gorakhpur. The petitioner pursuant to transfer policy submitted an online application seeking inter-district transfer from Gorakhpur.

However, the application of the petitioner has been rejected on the ground that there does not exist any seat at the preferential places where inter-district transfer has been sought by the Petitioner.

Challenging the aforesaid order, Counsel for the Petitioner submitted that it is evident from the list uploaded on the website of Basic Education Board providing number of seats available for interdistrict transfer in each district that 180 seats available at Hathras district and 330 seats available at Agra district. He has placed the list of interdistrict transfer and on the basis of the said list, he further submitted that only 168 candidates have been transferred to Hathras and 309 candidates have been transferred to Agra.

He also submitted that seats are still available at Hathras and Agra districts, therefore, the reason assigned for rejecting the request of the petitioner for inter-district transfer is not sustainable in law.

Archana Singh, Counsel for the respondents on instructions submitted that Petitioner has secured less quality point marks than the cut off for the concerned district, and therefore, the request of the Petitioner for inter-district transfer has rightly been denied.

Counsel for the Petitioner said that those candidates, who have secured less quality point marks than the petitioner had been transferred, and therefore, the objection raised by the Counsel for the respondents is not tenable in law. He further said that this objection has not been taken in the impugned order for rejecting the request of the Petitioner for inter-district transfer.

“From the record, it appears that there was 180 seats available for inter-district transfer in Hathras district and 330 seats available in Agra district, out of which only 168 seats have been filled in Hathras and 309 seats have been filled in Agra. Thus, it appears that there are still seats available in aforesaid two districts which are preferential places of Petitioner,” the Court observed.

“It is relevant to mention that so far as the objection raised hereinabove by the Counsel for the respondents that Petitioner has secured less quality point marks than the cut off for the concerned district, and therefore, his request for inter-district transfer cannot be acceded to, the order impugned does not reveals any such ground in rejecting the request of the Petitioner for inter-district transfer,” the Court said.

“Therefore, considering the facts and circumstances of the case and in the interest of justice, this Court permits the petitioner to file a detailed objection raising all his grievances before respondent no.2-Secretary, U.P. Basic Education Board, Prayagraj within a period of two weeks from today against rejection of his request for inter-district transfer. In case any such objection is filed by the petitioner, the respondent no.2 shall consider the decision the same within a period of one month thereafter. The Writ Petition is disposed of subject to the observations made above,” the Court ordered.

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