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2025 DAILYLAW 176255 (ALL)

ANUJ KUMAR AGARWAL v. STATE OF U.P. THRU. ADDL CHIEF SECY. SECONDARY EDUCATION DEPTT. LKO. AND 2 OTHERS

WRIA/13040/2025 · 2025-11-13

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13040 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 19.05.2025 whereby petitioner has been transferred to Government High School, Agwanpur, Meerut. 3. It has been submitted that petitioner could not have been posted in aforesaid High School since it is a women's cadre school and such transfer would be in violation of Rule 5 (kha) of the Transfer Policy of year 2024. 4. Learned State Counsel has been provided written instructions dated 12.11.2025, a copy of which is taken on record and submits that vide his letter dated 13.05.2025, petitioner himself had given three options for his posting with option no.2 being the place where he has been transferred by means of impugned order. It is therefore submitted that since transfer is in accordance with petitioner's own choice, he cannot challenge the same. 5. It is further submitted that even otherwise, the order has been challenged on the ground that it is in violation of Transfer Policy of year 2024, which has already expired and no provision of the new Transfer Policy of year 2025 has been alleged to have been violated. 6. Learned counsel for petitioner in view thereof, seeks to withdraw this petition with liberty to file afresh to indicate violation of the provisions of Versus Counsel for Petitioner(s) : Praful Vashistha, Ankuri Trivedi Counsel for Respondent(s) : C.S.C. Anuj Kumar Agarwal .....Petitioner(s) State Of U.P. Thru. Addl Chief Secy. Secondary Education Deptt. Lko. And 2 Others .....Respondent(s) Government Order dated 06.05.2025. 7. Considering aforesaid facts, petition is dismissed as withdrawn granting liberty to file afresh, in case so desired. November 13, 2025 kvg/- WRIA No. 13040 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench