The Allahabad High Court has said that if the information given in the application for inter-district transfer is not as per the standard, then in such a case the Basic Education Council cannot reject the application.
A Single Bench of Justice Manjive Shukla heard the petition filed by Archana.
The petitioner has filed the petition inter alia praying therein for a direction from the court thereby commanding the District Basic Education Officer, Balrampur to relieve her from District Balrampur pursuant to her inter-district transfer order dated 26.06.2023 passed by the Secretary, UP Basic Education Board, Prayagraj.
The Facts of the case are that the State Government started exercise of inter-district transfers of the teachers working in the schools run by the UP Basic Education Board, Prayagraj by issuing a Government Order dated 2.6.2023.
Clause 12 of the Government Order dated 2.6.2023 provided that those teachers whose spouse are employees of the Govt. of India, shall be given 10 weightage marks in respect of their cases for inter-district transfer.
After issuance of the Government Order dated 2.6.2023, the Secretary, U.P Basic Education Board, Prayagraj issued a circular dated 8.6.2023, whereby terms and conditions for considering the cases for inter-district transfers were provided and all the District Basic Education Officers were directed to act upon strictly in accordance with the provisions contained in the aforesaid circular.
Clause 10 of the aforesaid circular dated 8.6.2023 again provided that those teachers whose spouse are employees of the Govt of India, shall be entitled for 10 weightage marks in respect of their inter-district transfer. Vide circular dated 8.6.2023, last date for submission of the application form for inter-district transfers was fixed as 14th June, 2023.
Petitioner pursuant to the aforesaid Government Order dated 2.6.2023 and circular dated 8.6.2023 submitted her application form and she claimed weightage of 10 marks as her husband is working in Nehru Yuva Kendra Sangathan, Baghpat (U.P), Ministry of Youth Affairs and Sports, Govt of India.
The application of the petitioner for inter-district transfer from district Balrampur to district Bulandshahr was duly processed by the District Basic Education Officer, Balrampur and vide transfer order dated 26.6.2023 issued by the Secretary, U.P Basic Education Board, Prayagraj petitioner was transferred from district Balrampur to district Bulandshahr.
Since petitioner after passing of order of her transfer from district Balrampur to district Bulandshahr was not relieved by the District Basic Education Officer, Balrampur, she has filed the present petition.
The petition was heard by the court on 4.8.2023 and the court after recording details of the facts passed an order and directed Smt Archana Singh, counsel appearing for the Respondents to take instructions in the matter.
October 09, the Director of Education (Basic), U.P, Lucknow has filed his personal affidavit, wherein it has been stated that since in the online application form there is a declaration clause whereby petitioner has made a declaration that if there is any discrepancy and if information given by the applicant in her application form is found to be false, then her application would be deemed to be cancelled. The Director of Education (Basic), U.P, Lucknow in his personal affidavit has further submitted that the Committee vide decision dated 5.9.2023 has cancelled the transfer of the petitioner, therefore unless the petitioner challenges the said decision, the petition is liable to be dismissed as not maintainable.
In the matter, the court found the complete nonapplication of mind on the part of the officers while dealing with the matter of inter-district transfer of the petitioner.
The State Government has issued a Government Order on 2.6.2023, wherein it is provided that if the spouse of the teacher is working with the Govt of India, she will be entitled for 10 weightage marks.
Thereafter, a circular was issued by the Secretary, UP Basic Education Board, Prayagraj on 8.6.2023, whereby again it has been provided that if the spouse of a teacher is working with the Govt of India, she will be entitled for 10 weightage marks.
The circular dated 8.6.2023 further provided that applicants have to upload their online application forms on the official portal of the department in between 9th June to 14th June, 2023.
Petitioner submitted her online application form, wherein she claimed 10 weightage marks on the basis of posting of her husband in Nehru Yuva Kendra Sangathan, Baghpat (UP), Ministry of Youth Affairs and Sports, Govt of India.
Petitioner while submitting application form also made a declaration that if there is discrepancy in the information provided by her or any information given in the application form is found to be false, her application form would be treated to be cancelled.
The Court noted that the Secretary, UP Basic Education Board, Prayagraj in his circular dated 16.6.2023 has provided that if the concerned teacher has opted for any option and thereby has claimed marks for inter-district transfer but if she could not produce the required documents, the District Basic Education Officer will not cancel her application for inter-district transfer but will remove the said option from the application form of the candidate and will forward it to higher authorities for proper decision.
The court, when considering the application submitted by the petitioner for inter-district transfer vis-avis Government Order dated 2.6.2023 and circular dated 8.6.2023, found that petitioner’s application was perfectly in order. Petitioner in her application form claimed 10 weightage marks for her spouse posting and therefore, if she was not eligible for the said marks, then at the most the District Basic Education Officer, Balrampur in terms of Clause 6 of the Circular dated 16.6.2023 could have removed that option and could have refused to grant the said weightage marks but by that itself her application could not have been cancelled.
The Court observed that,
So far as the declaration made by the petitioner in her application form is concerned, I find that petitioner nowhere has given any false information nor there is any discrepancy in the information provided by the petitioner, therefore even under the declaration made by the petitioner her application form could not have been cancelled.
The court finds that even if the petitioner is not entitled for 10 weightage marks in respect of her spouse posting under circular dated 16.6.2023, she for other reasons has secured 27 weightage marks and the said weightage marks are sufficient for her transfer from district Balrampur to district Bulandshahr, therefore, by no stretch of imagination petitioner can be denied the transfer from district Balrampur to district Bulandshahr.
So far as the ground taken by the Director of Education (Basic), UP, Lucknow and the Secretary, UP Basic Education Board, Prayagraj in their personal affidavits that petitioner has not challenged the decision taken by the Committee on 5.9.2023 whereby petitioner’s transfer has been cancelled, is concerned, the same is absolutely misplaced as petitioner has filed the petition on 30.7.2023 and the matter was sub-judice before the court and during pendency of this writ petition Committee has taken decision, therefore in view of the principle of lis pendens, any order passed during the pendency of the petition automatically becomes subject-matter in the petition pending before the court and further the court can see the correctness of the said decision.
The Court further observed that,
I have considered the entire facts and circumstances of the case and I find that the concerned officers have not applied their mind at all while dealing with the case of the petitioner. In spite of the detailed order passed by this court giving reasons and providing opportunity to the respondents to rectify their mistake, they have not done the needful; rather they are trying to defend their arbitrary action by filing personal affidavits on absolutely misplaced grounds.
In view of the aforesaid, the court finds that transfer of the petitioner made vide order dated 26.6.2023 thereby transferring her from district Balrampur to district Bulandshahar is perfectly in order and the decision of the Committee dated 5.9.2023 is the result of absolute non-application of mind.
The Court directed the Respondents to pass the order regarding relieving of the petitioner from district Balrampur for her joining on the post of Assistant Teacher in district Bulandshahr ignoring the decision of the Committee dated 5.9.2023.
The Court has fixed the next hearing of the petition on October 17, 2023.