Neutral Citation No. - 2025:AHC:22985 Court No. - 7 Case :- WRIT - A No. - 1980 of 2025 Petitioner :- Shabnam Begam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devbratt Yadav,Ram Pratap Yadav Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent No.1 and Sri Shresth Pratap Singh, Advocate, holding brief of Smt. Archana Singh, learned counsel for the respondent Nos.2 to 4. 2. The petitioner has preferred the present petition with the following prayer:- (i) Issue a writ order or direction in the nature of mandamus commanding District Basic Education Officer Kanpur Nagar to consider the application of the petitioner dated 30.01.2025 for transferring her from Purva Madhyamik Vidhyalaya, Aema, Block Kakwan, District Kanpur Nagar to Block Kalyanpur District Kanpur Nagar, in an educational institution namely Uccha Prathamik Vidyalaya Bithur, considering the pathetic condition of the petitioner on account of her illness, in the better interest of justice. 3. Facts in brief as contained in the writ petition are that the petitioner was appointed as an Assistant Teacher firstly in District Kannauj in the year 2001, thereafter, in the year 2012, he was transferred from Kannuj to Purva Madhyamik Vidhyalaya, Aema, Block Kakwan, District Kanpur Nagar, and since then she is working there regularly. Unfortunately she is suffering from a disease of cancer (Thyroid Cancer) and she is getting her treatment at Sanjay Gandhi Post Graduate Institute Lucknow. 4. It is argued by learned counsel for the petitioner that the Institution in question where the petitioner is currently posted is about 80 Km. away from her house. It is argued that since the petitioner has undergone two operations in view of her aliment, she is suffering hardship to perform her duties. It is argued that in this regard, an application has also been made by her before the District Basic Education Officer, Kanpur Nagar/respondent No.2 for her transfer from Purva Madhyamik Vidhyalaya, Aema, Block Kakwan, District Kanpur Nagar, to Block Kalyanpur District Kanpur Nagar which is nearby her house and it will become convenient for her to perform her duties without any hardship. 5. On the other hand, learned counsel for the respondents argued that as per prevailing policy of the State Government regarding transfer of teachers and Principals of Primary School, the petitioner should raise his grievance by submitting Online Application for transfer on the portal namely Manav Sampada after expiring of current session, thereafter, the respondents will pass the appropriate orders as per policy. 6. Heard learned counsel for the parties and perused the record. 7. From perusal of the record, it is clear that the petitioner is suffering from Thyroid Cancer and two operations have been done for ailment and the current Institution from where the petitioner works is 80 Km. far away from her house and in case, the petitioner is transferred to another block, the petitioner will perform her duty smoothly. 8. In the special facts and circumstances of the case, the present petition is disposed of permitting the petitioner to submit a representation ventilating all her grievances along with certified copy of this order before the respondent No.2/District Basic Education Officer, Kanpur Nagar within a period of ten days from today. In case, the petitioner will file the representation within the aforesaid period, the respondent No.2 is directed to pass appropriate orders sympathetically within ten days thereafter. 9. It is made clear that since this order has been passed in special facts and circumstances of the case, the same would not be treated as precedent. Order Date :- 18.2.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad