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2025 DAILYLAW 156315 (ALL)

KANTI DEVI v. STATE OF U.P. THRU. PRIN. SECY. MADYAMIK SIKSHA U.P. LKO. AND 6 OTHERS

WRIA/8764/2025 · 2025-08-07

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45930 Court No. - 8 Case :- WRIT - A No. - 8764 of 2025 Petitioner :- Kanti Devi Respondent :- State Of U.P. Thru. Prin. Secy. Madyamik Siksha U.P. Lko. And 6 Others Counsel for Petitioner :- Rama Kant Jayswal Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties no.1 and 2. 2. In view of order being passed, notices to opposite parties no.3 to 7 stand dispensed with. 3. Petition has been filed seeking a direction to opposite parties to transfer opposite parties no.3 to 7 in any different Institution, District or Region in accordance with the transfer policy. 4. Mr. Sandeep Sharma, learned State counsel has raised a preliminary objection regarding maintainability of this petition in view of the fact that petitioner has sought transfer of the aforesaid persons on the ground they have completed more than three years tenure in the present institution and therefore are required to be transferred in terms of transfer policy but since petitioner is only a parent of one of the students, as such she does not have any locus standi to maintain this petition. 5. In response thereto, learned counsel for petitioner submits that petition has been filed since opposite parties no.3 to 7 have been employed in this particular school for more than three years and therefore are required to be transferred in terms of the Government Order dated 06.05.2025 particularly since proper education is not being imparted to petitioner's child. It is also submitted that male teachers should not have been posted in a school where there are female students. 6. With regard to aforesaid aspect, learned counsel submits that he was unable to procure any order prohibiting male teachers being posted in a school where female students study. 7. In view of aforesaid, it is evident that petitioner is parent of one of students in the school and as such is a private person. The aspect of implementation of transfer policy of the State Government lies within the domain of the executive and in the considered opinion of this Court, no parent of a student acquires any vested right for implementation of such a transfer policy, which even otherwise is in the nature of a guideline. 8. Considering aforesaid facts, this Court does not find any locus standi inherent in the petitioner. 9. Resultantly, the petition fails and is dismissed at the admission stage itself. Parties to bear their own costs. Order Date :- 7.8.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench