The Allahabad High Court has directed the Secretary, U.P Basic Education Board, Prayagraj to consider sympathetically and take a decision on the inter-district transfer application of an assistant teacher suffering from HIV.

A Single Bench of Justice Manjive Shukla passed this order while hearing a petition filed by Anuj Dev.

The facts of the case are that the State Government initiated exercise of inter-district transfers of teachers working in the schools run by U.P Basic Education Board, Prayagraj by issuing a Government order dated 2.6.2023. State Government in the Government order dated 2.6.2023 provided that teachers shall be given 20 weightage marks in respect of diseases which find mention in the Government order dated 27.12.2016.

Petitioner pursuant to aforesaid Government order dated 2.6.2023 submitted online application for his transfer from district Bahraich to district Sambhal or district Budaun but he could not secure his transfer as the disease HIV does not find place in the Government order dated 27.12.2016.

Counsel appearing for the petitioner has submitted that since petitioner could not claim weightage of 20 marks for his disease HIV, therefore his application for inter-district transfer has not been considered.

Counsel appearing for the petitioner has argued that Rule 21 of the U.P Basic Education (Teachers) Service Rule 1981 and Rule 8(2)(d) of the U.P Basic Education (Teachers) (Posting) Rules, 2008 categorically provide that if there are extraordinary circumstances, then the Secretary, U.P Basic Education Board, Prayagraj can always consider the cases of the teachers for inter-district transfer.

It has further been argued that since petitioner is suffering from disease HIV, therefore he is facing extraordinary circumstances and accordingly, he is entitled for inter-district transfer under aforesaid Rule 21 of the U.P Basic Education (Teachers) Service Rule 1981 and Rule 8(2)(d) of U.P Basic Education (Teachers) (Posting) Rules, 2008.

Navin Kumar Sharma, counsel appearing for the petitioner has submitted before the court that even otherwise State Government, while not including the disease HIV in the list of serious diseases provided in Government order dated 27.12.2016, has acted in most arbitrary manner as it is well known fact that disease HIV is very fatal and it is very difficult for a person who is having disease HIV to live peaceful life.

Archana Singh, counsel appearing for the Respondents No 2 and 4 has opposed the petition on the ground that petitioner himself while filing online application has not claimed any weightage out of his illness, therefore now after the exercise of transfers is over, petitioner cannot be allowed to claim inter-district transfer on the basis of his disease.

Archana Singh, counsel appearing for the Respondents No 2 and 4 though has opposed the petition but ultimately has submitted that if the petitioner is having any serious disease, then he can always represent to the Secretary, U.P Basic Education Board, Prayagraj for his inter-district transfer.

“I have considered the rival submissions advanced by the counsels appearing for the parties and I find that Rule 21 of the U.P Basic Education (Teachers) Service Rule 1981 and Rule 8(2)(d) of the U.P Basic Education (Teachers) (Posting) Rules, 2008 confer power on the Secretary, U.P Basic Education Board, Prayagraj to consider the cases of interdistrict transfers of the teachers in case they are facing extraordinary circumstances. The documents filed along with the petition clearly demonstrate that petitioner before the court is suffering from HIV and therefore, it cannot be said that he is not facing extraordinary circumstances”, the Court observed.

Be that as it may, once the Secretary, U.P Basic Education Board, Prayagraj possesses power under the aforesaid Rules to consider the cases of teachers for inter-district transfer, then it would be in the fitness of things that petitioner may represent to the Secretary, U.P Basic Education Board, Prayagraj and he may decide his application sympathetically, the Court said.

In view of the aforesaid reasons, the Court disposed of the petition with liberty to petitioner to file a fresh representation before the Secretary, U.P Basic Education Board, Prayagraj within three weeks and if such representation is filed, Respondent No 2 is directed to consider and decide the petitioner’s representation sympathetically by passing speaking and reasoned order within six weeks thereafter.

The Allahabad High Court has directed the Secretary, District Legal Services Authority, Bahraich to ensure all necessary legal assistance to a rape victim and ensure that her claim for compensation as per the prevailing scheme UP Victim Compensation Scheme 2014 is released soon.

The Division Bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla passed this order while hearing a petition filed by the father of a 12-year-old rape survivor to terminate her 24-week-old pregnancy.

In compliance with the order dated 08.09.2022, Shubham Tripathi, counsel for respondents has filed an affidavit on behalf of respondent University.

The petitioner is a rape victim. Under the extraordinary circumstances, the Court proceeded to pass the following order on 12.09.2022.

“The report dated 12.9.2022 placed by Shivam Tripathi, counsel for the University is taken on record.

The case relates to unwanted pregnancy of a rape victim. We fixed the matter on 14.9.2022.

Shivam Tripathi, counsel appearing for the University, has been prompt enough to apprise the Court about the report which we called for under our order dated 14.9.2022. On an oral request of the counsel for the University, we proceeded to summon the record of the case and that is how the matter has come up. We deem the case to be an urgent one calling for immediate attention. It is in these circumstances, we proceed to pass the following order.

Keeping in view the report dated 12.9.2022 placed before us, we permit the medical experts to proceed with the challenge of terminating the pregnancy in the interest of justice. This we permit in order to free the victim of the trauma and social miseries ahead. The petitioner shall be provided due medical care equipped with all the necessities required for the purpose. We hope and trust that the CMO, Bahraich shall monitor financial implications to the fullest inclusive of the fooding and lodging of two extra family members of the victim.

We also permit the medical board to obtain necessary consent of the victim’s father before termination of pregnancy. The tissues of the foetus shall be preserved for forensic analysis and use of the evidence in trial.

List/put up this matter on 20.9.2022.”

It is informed that the victim had to undergo necessary medical treatment and unwanted pregnancy has been terminated by following requisite procedure. The victim has been discharged from the hospital and is presently under the guardianship of her natural parents. All this information has been put forth before the Court through the counsel appearing for the petitioner.

The Court noted that, at this stage, counsel for the victim has also pressed the prayer for rehabilitation of the victim. It is submitted that the government has also evolved a scheme whereunder the victims of rape have been provided financial support so that they lead a normal life like ordinary citizens. The rehabilitation scheme is implemented State-wide wherein the provision for compensation is also provided for. It is informed that the victim in the case is going through a vulnerable situation and is dependent for all sorts of help including legal services to claim the benefit of the scheme applicable in this behalf.

Accordingly, the Court directed the Secretary, District Legal Services Authority, Bahraich to ensure all the necessary legal assistance and help to the victim and ensure that the claim for compensation as per the prevailing scheme i.e. UP Victim Compensation Scheme, 2014 as amended from time to time is provided to the petitioner without any delay. All the requisite steps for the payment of compensation shall be taken by the Secretary, District Legal Services Authority, Bahraich expeditiously. The Secretary, District Legal Services Authority, Bahraich shall take up the matter with the district authorities and submit a report to the Senior Registrar of this Court as to the outcome of such efforts taken for the payment of compensation to the victim or her family.

“For any threat to the life and personal liberty of the victim, it shall be open to make an application before the competent court under the victim protection scheme and the application so made shall also be dealt with expeditiously in accordance with law,” the order reads.

Accordingly, the Court disposed of the writ petition.

A man, who had been convicted of raping his daughter for two consecutive years, has been sentenced to death by a sessions court in Bahraich on Tuesday.

Nitin Pandey, Additional Sessions Judge, Fast Track Court (FTC) Rape and POCSO Act, pronounced the decision in case. According to the complainant, the victim’s mother, her 15-year-old daughter was sleeping at night, during which the father raped her. When she reached the spot after hearing the victim weeping, she was told the whole incident.

According to the prosecution, the incident took place on August 23 in a village under the police station of Sujauli. The woman, a resident of police station Sujauli limits, filed the case on August 23, 2021, accusing her own husband of misconduct with her minor daughter.

The mother has also alleged that the father has been raping her for years. Not only this, he had threatened to kill the daughter if she resists.

Sant Pratap Singh and Special Public Prosecutor Santosh Singh, Special District Government Advocate POCSO, produced nine witnesses on behalf of the prosecution. On the basis of the victim’s medical report, DNA test report, and convicting the accused, the court sentenced the accused to death.

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While pronouncing the sentence, the court said that the guilty should be hanged till death.

Sant Pratap Singh, Special District Government Advocate, said that the judge, while giving a new name to the daughter, has asked the District Legal Services Authority to take action to get compensation.

The DM directed that the aggrieved party should be given proper compensation. While directing the SP, the DM said that if the aggrieved party needs any kind of protection, then it should be provided.