COMMITTEE OF MANAGEMENT THROUGH ITS MANAGER SHIV PUJAN RAM PADARATH TRIPATHI VIDYALAY SEMRA NADE KU v. STATE OF UP AND 5 OTHERS
WRIA/3647/2025 · 2025-05-05
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31645 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31645 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:72139 Court No. - 6 Case :- WRIT - A No. - 3647 of 2025 Petitioner :- Committee Of Management Through Its Manager Shiv Pujan Ram Padarath Tripathi Vidyalay Semra Nade Kuwan Through Its Manager Gaurav Tripathi And Another Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Anjum Vishakarma Counsel for Respondent :- C.S.C.,Shiv Ram Dubey,Vinod Kumar Singh Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Ms. Anjum Vishwakarma, learned counsel for petitioner and Sri Vinod Kumar Singh, Advocate for Respondents-5 and 6.
2. The Committee of Management, Shiv Pujan Ram Padarath Tripathi Vidyalay, Semra Nade Kuwan through its Manager has approached this Court challenging an
order dated 10.01.2025 whereby Respondent-6 has been singly transferred from other School, namely, Sardar Ballabh Bhai Patel Purv Madhyamik Vidyalay to petitioners’ School. The process of such transfer is based on consent of Committee of Management of both Schools. 3. Learned counsel for petitioners submits that initially Committee of Management of Petitioners’ School has given consent by adopting a resolution dated 03.04.2023, however, in a subsequent meeting on 05.11.2023 it was withdrawn on ground that no process was initiated for mutual transfer though learned counsel for petitioners is not able to dispute that in earlier resolution dated 03.04.2023 reference was only of a single transfer and not mutual transfer. For reference relevant resolution No. 2 dated 03.04.2023 is reproduced hereinafter:
"प्रस्तताव ननं० 2- ववदतालय कके प्रबन्धक नके प्रस्तताव रखता वक कक ० मनंगकेश वमशता कता स्थतानतान्तरण हकेतक आवकेदन पत्र प्रताप्त हहआ हहै जजिसमम सनंशशोधन वनयमतावलली 2019 कके वववनमय 1,2,3,4,5 कके खण्ड (3) कके प्रववधतानकसतार एक सनंस्थता सके ददसरली सनंस्थता मम स्थतानतान्तरण सरदतार वल्लभ भताई पटकेल पदवर मताध्यवमक ववदतालय कटरली, वतलकपकर,
बस्तली मम कर वदयके जितानके हकेतक सदन नके सहमवत दके दली हहै और अध्यक्ष महशोदय नके प्रबन्धक कशो वनदरश वदयता वक पत्रतावलली बनताकर कतायतारलय मम उवचित कतायरवताहली हकेतक प्रकेवषित कर वदयता जिताय जजिसकता सदन नके सहषिर अनकमशोदन कर वदयता।"
4. From aforesaid contents of resolution it is evident that it was a case of single transfer of Respondent-6 and not a mutual transfer. 5. Learned counsel for petitioner is also not able to dispute that on basis of said resolution dated 03.04.2023 and resolution of other School, Respondent-6 was transferred. 6. Learned counsel appearing for Respondents-5 and 6 submits that a wrong picture has been tried to portrate before this Court that it was a mutual transfer, whereas application of Respondent-6 and resolution dated 03.04.2023 indicate that it was not a mutual transfer and otherwise also there was no procedure of mutual transfer in such Schools. 7. In aforesaid circumstances, there is no dispute that petitioners’ School has adopted resolution dated 03.04.2023 for single transfer of Respondent-6 as well as Committee of Management of other School has also adopted a resolution in this regard and accordingly Respondent-6 was transferred and now to take a contrary view that it was a consent for a mutual transfer would not be expected and since subsequent resolution dated 05.11.2023 has never seen light of day, therefore, transfer of Respondent-6 cannot be interfered. 8.
8. In view of above, I do not find any merit in writ petition. It is accordingly dismissed.
Order Date :- 6.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad