Allahabad High Court
Ajay Kumar Rai vs State Of U.P. & Others on 10 October, 2012
Author: V.K. Shukla
Bench: V.K. Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- WRIT - A No. - 53132 of 2012 Petitioner :- Ajay Kumar Rai Respondent :- State Of U.P. & Others Petitioner Counsel :- S.P. Pandey Respondent Counsel :- C.S.C.,D.B. Yadav,Syed Nadeem Ahmad Hon'ble V.K. Shukla,J.
Earlier, Shripati Chauhan, respondent No.4 had filed writ petition No.40017 of 2012 before this Court, wherein this Court had proceeded to pass the following order:
?In the present case District Basic Education Officer, Mau has proceeded to pass order of adjustment according placement to the petitioner from Primary School Sultanpur Banaura Block Pradaha, District Mau to Junior High School Sanekpur Block Pardaha, District Mau. Petitioner submits that said exercise has been undertaken only in order to accommodate/adjust Ajay Rai, respondent no.4, who had already been there from 8 years.
Sri. S.P. Pandey, Advocate representing Ajay Rai on the other hand contended that petitioner's son is Shiksha MItra and is not at all attending the institution and coupled with this his daughter-in-law is running Aaganwari Centre in the aforesaid institution and monopoly has been sought to be made.
Transfer and posting is domain of the authority concerned. As the order has been passed by competent authority, then this Court refuses to interfere with the same. However, liberty is given to the petitioner to make representation before the Secretary Basic Education Board, Allahabad within three three weeks from today, who shall take appropriate decision on the same in accordance with law, preferably within period of next eight weeks from the date of production of certified copy of this order.
With these observations, writ petition is disposed of.?
Thereafter, it appears that respondent No.4 represented the matter before the Secretary, Basic Shiksha Parishad, U.P. Allahabad, who after noting down the averments made in the representation has proceeded to mention that looking into the aforementioned issue, as education qualification of respondent No.4 is High School, he is not liable to sent to another institution at the age of 58 years, as such order passed by the District Basic Education Officer is liable to be cancelled.
In the present case this much is accepted that the Secretary, Basic Shiksha Parishad, U.P. Allahabad had sought for report from the District Basic Education Officer by letter dated 13.09.2012 (Annexure-12 to the writ petition), but without waiting -2- for the said report from the District Basic Education Officer has proceeded to pass order dated 26.09.2012. The petitioner submits that totally incorrect statement of fact has been mentioned that respondent No.4 is merely High School pass, whereas fact of the matter is that he is Intermediate pass. Before this Court application form filled up by respondent No.4 has been brought on record and the eligibility mentioned is Inter B.T.C. In the facts of the case, this much is apparent that the order impugned has been passed in mechanical manner in hot haste. Consequently, the order dated 26.09.2012 is not being approved of, rather it is being quashed and set aside. The Secretary, Basic Shiksha Parishad, U.P. Allahabad is directed to pass fresh order, after calling for the comments from the District Basic Education Officer, Mau, as also keeping in view the objections filed by the petitioner as well as the facts furnished by respondent No.4. Paramount consideration, at the point of time when matter is to be examined should be in the interest of institution and not the individuals, and no undue favour should be extended to either of the parties, as transfer and posting is the domain of the authoriteis concerned, and it is for the authorities to decide as to where an incumbent should be posted and as to where his services could be best utilized. Decision be taken within next two months, from the date of receipt of a certified copy of this order.
Accordingly, writ petition stands allowed.
Order Date :- 10.10.2012 SRY