HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10746 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the respondents No.1 & 2, Sri Ran Vijay Singh, learned counsel appearing for the respondent No.3 and Mohd. Irfan, Advocate holding brief of Sri Kumar Ayush, learned counsel for the respondent No.4. 2. With the consent of learned counsel for the parties, the instant writ petition is being finally decided. 3. The instant writ petition has been filed praying for a writ of mandamus commanding the respondents to transfer the petitioner from District Bahraich to District Raebareli. 4. The transfer is claimed on the ground of the petitioner's son suffering from Autism Spectrum Disorder. 5. Placing reliance on Rule 8(2)(d) of the U.P. Basic Education (Teachers) (Posting) Rules, 2008 (hereinafter referred to as "Rules, 2008"), the contention is that the Rules categorically provide that though in normal circumstances, the application for inter-district transfer will not be entertained within five years of the posting, however, under special circumstance, such applications in respect of female teachers would be entertained for transfer to the place of residence of the husband or in law's district. Versus Counsel for Petitioner(s) : Sankalp Mishra, Madhav Om Counsel for Respondent(s) : C.S.C., Kumar Ayush, Ran Vijay Singh Smt. Amita Devi .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Basic Education Lko. And 3 Others .....Respondent(s) 6. Learned counsel for the petitioner states that the place of residence of her husband is Raebareli and hence, the request for transfer to Raebareli from Bahraich, where the petitioner is working as an Assistant Teacher. 7. The "special circumstances" as spelt out in the aforesaid Rule is said to be the Autism Spectrum Disorder with which the petitioner's young son is afflicted. 8. The contention of learned counsel for the petitioner is that this aspect of the matter has already been considered by this Court in the case of Ram Karan Shukla vs. State of U.P. and others, 2023:AHC:84595 and hence, it is prayed that the respondents be directed to consider the claim of the petitioner for transfer to Raebareli, in accordance with the rules and in light of the judgment of this Court in the case of Ram Karan Shukla (supra). 9. The applicability of Rules, 2008 on the petitioner is not disputed by the learned counsel appearing for the respondents. 10. Considering the aforesaid, the writ petition is disposed of with a direction to the respondent No.3 to consider the claim of the petitioner for her transfer from Bahraich to Raebareli considering Rule 8(2)(d) of the Rules, 2008, the petitioner's son being afflicted with Autism Spectrum Disorder as well as the judgment of this Court in the case of Ram Karan Shukla (supra). 11. Let such consideration be made within a period of six weeks from the date of receipt of a certified copy of this order. September 17, 2025 cks/- WRIA No. 10746 of 2025 2 (Abdul Moin,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench