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.