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Allahabad High Court directs District Basic Education Officer to issue transfer order

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The Allahabad High Court has directed the District Basic Education Officer, Basti to issue a block-level transfer order of the petitioner instructor under the mandate dated December 06, 2019.

A Single Bench of Justice Siddharth passed this order while hearing a petition filed by Sharda Rao.

The writ petition has been filed praying for direction to the District Basic Education Officer, Basti, to transfer the petitioner to Upper Primary School, Sahijanpur Vikas Khand Kaptanganj, District Basti in pursuance of the Government Order dated 06.12.2019 and the application dated 16.12.2019 submitted by the petitioner.

The grievance of the petitioner is that she wants to transfer to Uppar Primary School, Sahijanpur Vikas Khand Kaptanganj, District Basti from Purva Madhyamik Vidhyalaya, Bizalpur Vikas Khand Rudhauli, District Basti in pursuance of Government order dated 06.12.2019.

She has already made a representation dated 16.12.2019 in this regard before the District Basic Education Officer, Basti, but no order has been passed on her representation. Hence she is before the Court.

The Court noted that,

A counter affidavit has been filed by the District Basic Education Officer, wherein it has been stated that there are less than 100 students in Purva Madhyamik Vidhyalaya, Sahijanpur, Vikas Khand Kanptanganj, District Basti. Therefore, the petitioner has not been transferred to the aforesaid institution.

Counsel for the petitioner has pointed out to the certificate of Block Education Officer, Kantanganj, Basti, stating that in Purva Madhyamik Vidhyalaya, Sahijanpur, Vikas Khand Kanptanganj, District Basti, the number of students is 102. No reply is given to the certificate of Block Education Officer in the counter affidavit.

The Court allowed the the writ petition while issuing direction to the District Basic Education Officer, Basti, to transfer the petitioner to Upper Primary School, Sahijanpur Vikas Khand Kaptanganj, District Basti from Purva Madhyamik Vidhyalaya, Bizalpur Vikas Khand Rudhauli, District Basti, in pursuance of the Government Order dated 06.12.2019, next session commencing from 1st July, 2022.

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