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2025 DAILYLAW 12116 (ALL)

SANGEETA v. STATE OF U.P. AND 2 OTHERS

WRIA/1072/2025 · 2025-02-10

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18971 Court No. - 7 Case :- WRIT - A No. - 1072 of 2025 Petitioner :- Sangeeta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred present writ petition inter-alia with the following prayer :- "I. Issue a writ, order or direction in the nature of mandamus directing the Respondent No.2 and 3 to transfer the Petitioner in nearest place Prathmik Vidyalaya Atoos, Vikas Khand Achhnera, Agra to the Petitioner forthwith." 2. Sri Ashish Kumar Singh, learned counsel for the respondent no.3 placed before this Court judgement and order dated 16.06.2023 passed by the Division Bench of this Court in Writ A No.10209 of 2023 (Kul Bhushan Mishra and another Vs. State of U.P. and 4 others). He placed reliance upon paragraph 16 of the aforesaid judgement, which reads as follows :- "16. So far as the resort to the online process for effecting the transfer is concerned, we find that the direction in that regard is in conformity with Clause 5.3 of the National Education Policy, 2020 which requires transfers to be conducted through an online computerized system that ensures transparency. Even otherwise, we do not find any error in the Government Order dated 2.6.2023; whereby the process is to be undertaken in consultation with NIC Lucknow on the basis of an online process. The process undertaken online, prima facie, eliminates the possibility of any pick and choose and is expected to be transparent. The process undertaken online otherwise does not contravene any provision of statute nor goes contrary to any constitutional scheme. We, therefore, find no error in Clause 15 of the Government Order dated 2.6.2023 requiring the process to be undertaken online and thereby decline the entertainment of application in the offline format. The challenge laid to Clause 15 of the Government Order with regard to Transfer Policy, therefore, fails." 3. On the basis of aforesaid it is argued by counsel for the respondent no.3 that if petitioner will submit his claim for transfer through online portal as per policy issued by the State Government from time to time, the authority concerned will consider the claim of the petitioner sympathetically. 4. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.1 & 2 and Sri Ashish Kumar Singh, learned counsel for the respondent no.3. 5. With the consent of counsel for the parties, present writ petition is being disposed of at the admission stage. 6. In the facts and circumstances of the case, present writ petition is disposed of finally directing the petitioner to submit online application as per policy issued by the State Government from time to time as well as paragraph 16 of the judgement dated 16.06.2023 as quoted above. If petitioner is submitted online application as per policy issued by the State Government from time to time before the concerned competent authority, the authority concerned is directed to consider the case of the petitioner expeditiously. Order Date :- 10.2.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad