High Court
Case Details
Neutral Citation No. - 2023:AHC:193582 Court No. - 35 Case :- WRIT - A No. - 14619 of 2023 Petitioner :- Sanjay Kumar Varshney Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shivam Yadav,Manoj Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J.
Legal Reasoning
Heard Sri Shivam Yadav, learned counsel for the petitioner and Sri Shailendra Singh, learned Standing Counsel, who appears for respondents 1 to 5. In view of the order, which is being proposed to be passed today, notices are not being issued to the 6the and 7th respondents.
Decision
The case of the writ petitioner is he was directly appointed as a Principal in one of the institution in District Hathras on 4.11.2019 and he was accorded placement in the sixth respondent institution, G.S. Inter College S. Rao Hathras. He further claims to have joined the post in question on 20.1.2020. The writ petitioner owing to certain personal problems seeks its transfer in the seventh respondent institution, Heera Lal Barah Saini Inter College, Aligarh, U.P. According to the writ petitioner he possesses necessary no objection certificates. At the time of the filing of the present writ petition the writ petitioner had sought following reliefs:- "Issue writ of certiorari calling upon the records and to quash the Government order dated 27.01.2020 only to extent to an extend the petitioner is concerned who is placed at Serial No. 19 of the aforesaid order." B. Issue writ or mandamus, commanding directing directing the Respondent No.2 & 3 to decide the claim of the petitioner in light of the Government Order dated 27.01.2020 also taking note of the fact that they have already taken the stand that if advertisement made the then transfer can be made. C. Issue writ of mandamus upon the respondents to transfer the petitioner forthwith from District Hathras to District Aligarh in the respective institutions on the basis of NOCs which has been obtained by both the institutions so that justice may be done. D. Award costs of this petition to the petitioner." The matter was taken up before the Division Bench of this Court on 15.9.2023 wherein following order was passed:- "Grievance raised in the writ petition ought to be placed before the learned Single Judge hearing the matters of the kind, particularly as there is no challenge either to the act or to the rules. Office is directed to place the matter before the concerned Court, as fresh, in the next week." Thereafter the writ petitioner preferred an amendment application sworn on 17.9.2023 wherein in paragraph 3 and 4 the following was pleaded:- "3. That due inadvertent typographical mistake in Prayer No.A the impugned order is wrongly typed as the government order dated 27.1.2020 instead of impugned order dated 1.7.2023 in the instant Civil Misc. Writ Petition and is necessary to be corrected in the interest of justice and for proper adjudication of the present case. 4. That on such grounds, the petitioner wants to amend the prayer of the present Civil Misc. Writ Petition in the following manner may be corrected which is quoted herein below:- A. Issue a writ of certiorari calling upon the records and to quash the order dated 1.7.2023 only to an extent the petitioner (Serial No.19) is concerned." An Amendment Application No. 2 of 2023 came to be allowed on 20.9.2023 thereafter the matter has been placed before this Court pursuant to the office report dated 4.10.2023 which is quoted herein under:-. "Office Report/Stamp Reporter (Civil) Reference to Hon'ble Court Order dated 20.09.2023, Stamp Reporter (Civil) has to submit that as per Civil Misc. Amendment Application No.2 of 2023, Ld. Counsel has amended the Prayer No. (A) of the instant Writ Petition and as per Amended Prayer NO. (A), Ld. Counsel has prayed to quash the order dated 01.07.2023 / only to an extent the Petitioner (Serial No. 19) is concerned. Hence, as per amended Prayer No. (A), instant matter is cognizable by the Hon'ble Single Judge dealing with Secondary matters. service Education Inconvenience canded to the Hon'ble Court is deeply regretted. Submitted 4.10.2023" Post amendment now the following relief has been substituted in place of earlier relief:- "A. Issue a writ of certiorari calling upon the records and to quash the order dated 1.7.2023 only to an extent the petitioner is concerned." Today itself Sri Shivam Yadav has made a statement at bar that he is foregoing his challenge which had been made to the Government Order dated 27.1.2020. He further submits that the only relief which is pressing his cause consideration of his claim for being transferred on the post of Principal for the sixth respondent institution to the seventh respondent institution. Sri Shailendra Singh, learned Standing Counsel who appears for the respondent no.1 to 5 on the other hand submits that the issue as to whether the writ petitioner is entitled to be accorded transfer from the sixth respondent institution to seventh respondent institution in the wake of the Government Order dated 27.1.2020 as well as the amendments made from Regulations 55 to 61 of the Chapter III of the U.P. Intermediate Education Act, 1921 needs determination at the first instance by the second respondent, Director Secondary Education, Lucknow, U.P. He thus submits that the said aspect of the matter can be very well be gone into by the second respondent and the writ petitioner may represent his cause before the second respondent. He further submits that he does not propose to file any response to the writ petition. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the second respondent, Director Secondary Education, Lucknow, U.P. who shall on the receipt of the same, put to notice to the respondents no. sixth and seventh and thereafter proceed to decide the entitlement of the writ petitioner strictly in accordance with law bearing in mind the entitlement of the writ petitioner in the light of the provisions contained under the Government Order dated 27.10.2010 and the amendment made in the Regulations Regulations 55 to 61 of the Chapter III of the U.P. Intermediate Education Act, 1921 after taking the version of the sixth and seventh respondents after fulfilling the formalities as prescribed therein within a period of three from the date of presentation of the certified copy of the order. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. With the aforesaid observation, the writ petition is disposed off. Order Date :- 9.10.2023 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad