The Allahabad High Court said that the District Basic Education Officer Bulandshahr has no rights to question the decision of BSA Amethi and Secretary Basic Education Council Prayagraj to gave ten marks to the petitioner teacher to transfer from Amethi to Bulandshahr as her husband is a central officer in the Delhi Police.
A Single Bench of Justice Manjive Shukla heard the petition filed by Archana Taliyan.
The Counsel for the petitioner has submitted that the petitioner applied for her inter district transfer from district Amethi to district Bulandshahr.
Petitioner in her application form submitted before District Basic Education Officer, Amethi mentioned that her husband is working with the Delhi Police.
On the basis of disclosures made in the application of the petitioner, District Basic Education Officer, Amethi has awarded ten marks to the petitioner for the reason that her spouse is working in the Delhi Police under the Government of India.
Thereafter the application of the petitioner was duly forwarded to Secretary Basic Education Board, Prayagraj where the matter was scrutinized in detail and ultimately order of transfer was passed whereby petitioner has been transferred from district Amethi to district Bulandshahr.
Petitioner when approached to District Basic Education Officer, Bulandshahr for joining in the said district, District Basic Education Officer, Bulandshahr has passed order on 15.07.2023 whereby he has refused to allow the petitioner to join in district Bulandshahr and further he has also recorded a finding that District Basic Education Officer, Amethi while granting ten marks to the petitioner for the reason that her spouse is working with Delhi Police, has committed mistake.
“Prima facie, I find that the District Basic Education Officer, Bulandshahr does not have any jurisdiction to make any comment on the actions done by District Basic Education Officer, Amethi as well as Secretary, UP Basic Education Board, Prayagraj.
The Court has also come across various cases in which ten marks have been granted to teachers in respect of inter district transfers for the reason that their spouses are working with the Delhi Police.
In the aforesaid circumstances, prima facie order of the District Basic Education Officer, Bulandshahr dated 15.07.2023 is not sustainable in the eyes of law”, the Court observed.
“Till further orders of the Court operation and enforcement of order/ letter dated 15.07.2023 shall remain stayed.
On the next date of listing District Basic Education Officer, Bulandshahr is directed to file his personal affidavit to explain as to under what authority of law he has passed an order dated 15.07.2023″, the Court ordered.
The Court has fixed the next hearing of the petition on 16.08.2023.