Allahabad High Court
Dr. Shubhra Singh vs State Of U.P. And 4 Others on 3 August, 2022
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - A No. - 10233 of 2022 Petitioner :- Dr. Shubhra Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadhesh Kumar Singh,Abhai Kumar Singh Counsel for Respondent :- C.S.C.,Gagan Mehta Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1, 2 and 3.
The instant writ petition has been filed by the petitioner seeking following reliefs:
"I. Issue, a writ, order or direction in the nature of mandamus commanding and directing the Secretary Higher Education Department, Government of U.P. (respondent No. 1) and Director of Higher Education, U.P. at Prayagraj (respondent No. 2) an U.P. Higher Education Services Commission U.P. at Allahabad through its Chairman (respondent no. 3) to allow the application dated 19/1306.2022 for single transfer of the petitioner from Hindu Post Graduate College, Zamania Ghazipur to Lal Bahadur Shastri Post Graduate College, Mogalsarai, Chandauli (Contained as Annexure No. 8 to this writ petition).
II. Issue, a writ, order or direction in the nature of mandamus commanding and directing the respondent No. 3 not to advertise the post of Lecturer (Sanskrit) of Lal Bahadur Shastri Post Graduate College, Mogalsarai, Chandauli.
III. Issue, a writ, order or direction in the nature of mandamus commanding and directing the respondent No. 2 to forward his recommendation to the Secretary, Higher Education Department, Government of U.P. for transfer of the petitioner from Hindu Post Graduate College, Zamania Ghazipur to Lal Bahadur Shastri Post Granduate College, Mogalsarai, Chandauli."
At the outset, Sri Awadhesh Kumar Singh, learned counsel for the petitioner submits that he does not intend to press the relief nos. I and II.
Counsel for the petitioner submits that the petitioner is working as Lecturer (Sanskrit) at Zamania Hindu Post Graduate College, Ghazipur. She is seeking transfer to Lal Bahadur Shastri Post Graduate College, Mogalsarai, Chandauli in the same capacity. It is submitted that the written consent has been obtained from the management of both the colleges. The written consent are annexed as Annexures- 6 and 7 to the writ petition. Counsel for the petitioner has confined his relief only for direction to the Director that he may forward his application to the Secretary, respondent no. 1, who may take an appropriate decision in accordance with the U.P. Aided Colleges Transfer of Teachers Rules, 2005.
Learned Standing Counsel has no objection to the said prayer.
Considering the facts and circumstances of the case, without entering into merits, with the consent of the parties, the writ petition is disposed of with a direction to the Director of Higher Education, U.P. at Prayagraj, respondent no. 2 to consider the application of the petitioner dated 02.07.2022 and forward the same to the respondent no. 1, Secretary, Higher Education Government of U.P., Lucknow, who shall decide the same by passing a reasoned and speaking order in accordance with law within a period of one month from the date of presentation of a certified copy of this order.
Order Date :- 3.8.2022 SK Srivastava