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2025 DAILYLAW 79734 (ALL)

RAKESH PRAKASH SINGH v. STATE OF U.P. AND 4 OTHERS

WRIA/10591/2025 · 2025-07-28

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125194 Court No. - 52 Case :- WRIT - A No. - 10591 of 2025 Petitioner :- Rakesh Prakash Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Kumar Ojha Counsel for Respondent :- C.S.C.,Kushmondeya Shahi Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Ashok Kumar Ojha, learned counsel for the petitioner, learned Standing Counsel for the State-respondent, Mr. Kushmondeya Shahi, learned counsel for the respondent nos.3 to 5 and perused the record. The present petition has been filed with a prayer to quash the Voluntary Inter-District adjustment/transfer order dated 30.06.2025 passed by the respondent no.4 and a further prayer to direct the respondent authorities to conduct a fresh process for inter district transfer and consider the case of the petitioner for transfer to one of the opted schools where vacancies currently exist and to pass appropriate transfer accordingly. Learned counsel for the petitioner submits that the petitioner preferred an application seeking transfer from Prayagraj to 10 schools as mentioned in the application, however, as per the transferred order dated 30.06.2025, two places remained vacant despite existing vacancies, and no incumbent has been transferred thereto. Therefore, the petitioner moved a representation before the respondent authorities in this regard, but nothing has been done till date. Learned counsel for the respondents-BSA submits that the instant petition is not maintainable for non-joinder of necessary parties, inasmuch as thousands of peoples were transferred vide order dated 30.06.2025, no one has been arrayed as respondents. He, on the basis of instructions, submits that even otherwise, the petitioner is not entitled to be transferred to the opted places in view of the transfer policy, which mandates consideration of length of service of the concerned teachers. According to the said policy, the petitioner does not qualify for transfer to the places opted by him. However, he further submits that in case petitioner move a fresh application/representation before the respondent no.4, the same shall be considered and decided in accordance with law. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents, as may be advised, before the respondent no.4; Secretary, Uttar Pradesh Basic Shiksha Parishad, Prayagraj within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.4 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 29.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad