Research › Search › Judgment

Allahabad High Court · body

2008 DIGILAW 1432 (ALL)

KARAN SINGH v. STATE OF UTTAR PRADESH

2008-07-28

RAJES KUMAR

body2008
JUDGMENT Hon’ble Rajes Kumar, J.—By means of the present writ petition under Article 226 of the Constitution of India, the petitioner is challenging the transfer order dated 20th June, 2008 passed by the Additional Director of Education (Secondary) U.P., Allahabad transferring Sri Ram Prakash Bhardwaj, Principal from Subhash Inter College, Aunla, Bareilly to Sardar Singh Inter College, Narauli, Moradabad. 2. The petitioner was an officiating principal in Sardar Singh Inter College, Narauli, Moradabad. It appears that Sri Ram Prakash Bhardwaj has been selected as a Principal by the Board in pursuance of the advertisement published in the year, 2002 and appointed as a principal in Subhash Inter College, Aunla, Bareilly. Sri Ram Prakash Bhardwaj applied for his transfer from Subhash Inter College, Aunla, Bareilly to Sardar Singh Inter College, Narauli, Moradabad in the year, 2007. It may be mentioned here that the advertisement for the appointment of Principal was challenged by the officiating Principal for this post. Learned Single Judge has dismissed the petition. Against the order of the learned Single Judge, Special Appeal was filed which was allowed and advertisement was quashed. Against the orders in Special Appeals, several Special Leave Petitions including Civil Appeal Nos. 3938 and 3939 of 2008, Balbir Kaur and others v. U.P. Secondary Education Service Selection Commission and others and Special Leave to Appeal Nos. 19335 and 19336 of 2003 were filed before the Apex Court. The Apex Court vide order dated 16.5.2008 allowed the appeals and set aside the orders passed by Division Bench in Special Appeal and declared the advertisement for the appointment as valid. Meaning thereby that the selections of the Principals in pursuance of the said advertisement has been held valid. When the matter was pending before the Apex Court, the petitioner has filed Civil Misc. Writ Petition No. 19065 of 2008 challenging the transfer proceeding of the respondent No. 7 Sri Ram Prakash Bhardwaj stating therein that the petitioner was working as officiating Principal and the transfer would affect the right of the Petitioner. This Court on 11.4.2008 has stayed the further proceeding pending before the Additional Director of Education (Secondary), U.P. Allahabad relating to the transfer of Sri Ram Prakash Bhardwaj. This writ petition is said to be pending. 3. This Court on 11.4.2008 has stayed the further proceeding pending before the Additional Director of Education (Secondary), U.P. Allahabad relating to the transfer of Sri Ram Prakash Bhardwaj. This writ petition is said to be pending. 3. Heard Sri Anil Bhushan, learned Counsel for the petitioner, Sri N.K. Pandey, learned counsel appearing on behalf of respondent No. 7 and the learned Standing Counsel appearing on behalf of respondent Nos. 1, 2, 3 and 4. 4. With the consent of learned counsel for both the parties, the present writ petition is being disposed of at the admission stage. 5. Learned Counsel for the petitioner submitted that the transfer can only be sought by a permanent principal. He submitted that prior to Apex Court Judgment, respondent No. 7 was only temporary principal and, therefore, he could not apply for transfer. He submitted that this Court has stayed the transfer proceeding vide order dated 11.4.2008, the said order still exists and continuing. He submitted that there should be a resolution by both the Committee of Managements for the transfer, while in the present case, there is no reference of any such resolution in the impugned order. He further submitted that after becoming a permanent principal, respondent No. 7 has not moved any application for the transfer and there is no recommendation of the Committee of Management and only in pursuance of the application in the year, 2007, he has been transferred. 6. Sri N.K. Pandey, learned counsel appearing on behalf of respondent No. 7 submitted that after the retirement of Ram Prasad Sharma on 30.6.2006, Sri Jeevan Ram Sharma took over the charge as officiating principal, who has retired on 30.6.2008. Thereafter, in pursuance of the transfer order, Sri Ram Prakash Bhardwaj joined on 30.6.2008 and the District Inspector of Schools has also attested his signature on 1.7.2008. Therefore, the petitioner’s claim is wholly unjustified and the writ petition is not maintainable. He further submitted that after the decision of the Apex Court, Sri Ram Prakash Bhardwaj filed writ petition No. 28370 of 2008 in which the learned Single Judge vide order dated 13.6.2008 issued a direction to consider the application of Ram Prakash Bhardwaj for transfer submitted on 9.5.2007. In pursuance of the said direction, impugned order of transfer has been passed. 7. Having heard the learned counsel for the parties, I have given my anxious consideration to the rival submissions. 8. In pursuance of the said direction, impugned order of transfer has been passed. 7. Having heard the learned counsel for the parties, I have given my anxious consideration to the rival submissions. 8. I do not find any substance in the argument of the learned counsel for the petitioner and any merit in the present writ petition. 9. It is doubtful whether the petitioner was ever took the charge as officiating principal of Sardar Singh Inter College, Narauli, Moradabad. In any view of the matter without entering into the dispute even if it is assumed that the petitioner was an officiating principal, the status of the petitioner was only of an officiating principal till the permanent principal is being appointed. Now the permanent principal has been appointed, therefore, the petitioner cannot claim that the should be allowed to continue as an officiating principal. The petitioner can only dispute the transfer of Ram Prakash Bhardwaj in case, if the petitioner is a permanent principal. In the writ petition No. 28370 of 2008 filed by Sri Ram Prakash Bhardwaj, this order has passed the following order on 13.6.2008 : “Heard learned counsel for the petitioner and learned Standing Counsel. Let the counter affidavit be filed within six weeks. Petitioner will have two weeks’ time thereafter for filing rejoinder affidavit. List thereafter. As per learned counsel for the petitioner, petitioner had moved an application under Regulations 55 to 63 contained in Education Manual for his transfer from Sri Subhas Intermediate College, Aonia, Bareilly to Moradabad were a post of Principal is going to fell vacant on 30th June, 2008 as the present incumbent of the post is going to retire on the said date. The embargo on such transfers put by this Court is not in vogue now in the light of the decision of the Hon’ble Apex Court rendered on 16.5.2008 in Civil Appeal Nos. 3938-3939/2008, Balbir Kaur and another v. U.P. Secondary Education Service Selection Board and others. In furtherance of the order passed by the Apex Court, the interim order granted by this Court on 11.4.2008 on the petition filed by respondent No. 3 has become ineffective and non est and now the petitioner’s application seeking transfer can be considered and disposed of and he can be given the resultant benefit. In furtherance of the order passed by the Apex Court, the interim order granted by this Court on 11.4.2008 on the petition filed by respondent No. 3 has become ineffective and non est and now the petitioner’s application seeking transfer can be considered and disposed of and he can be given the resultant benefit. In view of the above, as an interim measure, it is provided that the application submitted by the petitioner on 9.5.2007 in respect of which a ‘No Objection’ certificate has also been issued by the concerned authorities may be considered and disposed of by the respondent No. 2 by passing a reasoned and speaking order within fifteen days from the date of presentation of a certified copy of this order.” 10. The submission of the learned counsel for the petitioner that Sri Ram Prakash Bhardwaj was the officiating principal in Subhash Inter College, Aunla, Bareilly appears to be incorrect. The petitioner was appointed as principal in pursuance of his selection made against the advertisement published in the year, 2002 by the Board, therefore, his claim for transfer in the year, 2007 was in accordance to law and was in process. The transfer proceeding was stayed because advertisement of 2002 in pursuance of which Sri Ram Prakash Bhardwaj was appointed as principal has been quashed by the Division Bench of this Court in Special Appeal and in Appeal the Apex Court has passed the order to maintain status quo. Thus, after the decision of the Apex Court he was not required to move fresh application for the transfer. This Court vide order dated 13.6.2008 has issued a direction to consider the transfer application dated 9.5.2007 in pursuance of which the impugned order has been passed. I do not find any error in the order. 11. The decision cited by the learned counsel for the petitioner of this Court in the case of Dina Nath Rai and another v. State of U.P. and others, 2005 (61) ALR 397, is not applicable on the facts and circumstances of the present case. 12. On the facts and circumstances, the writ petition has no merit and is accordingly, dismissed. ———