The Allahabad High Court has said that after sending a requisition to fill a vacant post, that post cannot be filled by transfer, such post can be filled only with a duly-selected candidate.
A Single Bench of Justice Ranjan Agarwal passed this order while hearing a petition filed by Lokendra Singh @ Lokendra Kumar.
Through the petition a challenge has been raised to the transfer order dated 30.06.2024 passed by Additional Director of Education, Secondary U.P, Prayagraj and order dated 17.08.2024 passed by District Inspector of Schools, Shamli attesting the signatures of the fourth respondent.
Petitioner before the Court is the senior most teacher of the Institution known as Rashtriya Kisan Inter College, Shamli. After the Principal of the Institution has attained the age of superannuation on 07.11.2014, the petitioner started officiating as the Principal of the Institution. The necessary requisition was sent by the Management on 04.12.2014. The second respondent by the order impugned has transferred the fourth respondent to the Institution in question as a Principal of the said Institution.
Counsel appearing for the petitioner has relied upon a decision of the Court in case of Rajiv Kumar vs State of U.P, decided on 01.10.2024.
According to him, once the requisition was sent by the Institution in question in 2014, the action of the Committee of Management shall be same in pursuance of the Saving Clause of Section 31 (2) of the Uttar Pradesh Education Service Selection Commission Act, 2023.
According to him, the second respondent could not have passed the transfer order, and it is only when the duly selected candidate is sent by the Commission, the post of Principal can be filled.
Khare, Senior Counsel has opposed the writ petition and relied upon Clause C of Section 31. According to him, Section 6 of the General Clauses Act saves the action.
He further contends that once the fourth respondent has joined the Institution and the order has been passed, no question arises for interfering in the transfer order.
“The controversy in regard to the transfer of Principal once, the requisition has been sent by the Committee of Management online to the earlier Board constituted under the Uttar Pradesh Secondary Education Service Selection Board Act, 1982 stood decided by Full Bench in case of Prashant Kumar Katiyar vs State of U.P and others, 2013(1)ADJ 523 (FB) which was followed by Division Bench in Hari Pal Singh vs State of U.P and others, 2016 (8) ADJ 622. No question arises for filling up the post of Principal by transfer. As I have already held in case of Rajiv Kumar (supra) that the second respondent could not proceed to fill the post by transfer and only duly selected candidate can be sent by the Commission as action under 1982 Act is saved by Section 31(2) of Act, 2023”, the Court observed while allowing the petition.
In view of the said facts, order dated 30.06.2024 passed by Additional Director of Education, Secondary U.P, Prayagraj and order dated 17.08.2024 passed by District Inspector of Schools, Shamli are unsustainable in the eye of law and the same are hereby set aside by the High Court.
The petitioner shall be allowed to work as Officiating Principal of the Institution till duly selected candidate is sent by the Commission in pursuance of Act, 2023, the Court ordered.