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(b) Newly appointed female teachers shall also be compulsorily posted in backward areas for a period of at least two years.

(c) Mutual transfers within the district from general block of backward block and vice-versa would be permitted with the condition that the teacher on mutual transfer to a backward block shall have to serve in that block compulsorily for five years. Mutual transfers would be permitted only in case of those teachers who have more than remaining five year's service.

(15) - शैक्षिक सत्र 2023 - 24 के लिए अन्तर्जनपदीय एवं पारस्परिक स्थानान्तरण की समस्त प्रक्रिया शासनादेश के क्रम में राष्ट्रीय सूचना विज्ञान केन्द्र लखनऊ से विचार विमर्श के उपरान्त समस सारिणी के अनुसार ऑनलाइन किया जायेगा। ऑफलाइन आवेदन पत्र पर किसी भी दशा में विचार नही किया जायेगा। "

5. Circular dated 8.6.2023 is also challenged on the ground that the Board has invited applications for inter-district transfer of Assistant Teachers, but while doing so, the transfers by way of mutual consent have been excluded. It is urged that once applications are being entertained by the Board for transfer of teachers, there is no justification for the authorities not to include teachers who are seeking mutual transfer.

"5.3. The harmful practice of excessive teacher transfers will be halted, so that students have continuity in their role models and educational environments. Transfers will occur in very special circumstances, as suitably laid down in a structured manner by State/UT governments. Furthermore, transfers will be conducted through an online computerized system that ensures transparency."

11. So far as the petitioners grievance with regard to mutual transfer not being allowed is concerned, we find from the perusal of the Government Order dated 2.6.2023 that it lays down the policy for inter-district transfer of teachers working in the institutions run by the Basic Education Board as also for mutual transfer. Petitioners grievance is that the Board while inviting applications on the online portal has restricted the applications only for inter-district transfer and has kept aside applications for mutual transfer.

20. The above observation came to be made in the context of power of transfer to be exercised over district judges in a State. The Supreme Court found that the authority to make transfers was with the High Court and that the State Government was not the competent authority to exercise such power. Highest weight was directed to be given to the opinion of the High Court. Discussion was thus drawn between the expression 'posting' and 'transfer'. The factual scenario in the present case is, however, quite distinct. The service conditions of the petitioners are governed by the Rules of 1981. However, specific Rules of 2008 have been framed in the context of posting of teachers in different local area. Rules of 2008 contemplate list of schools to be prepared for posting of teachers in different institutions. Rule 8 stipulates the manner to be followed for posting of teachers in different institutions. It provides that inter-district transfer would be allowed in normal circumstances to the newly appointed teachers only after completing two years service in case of female teachers and five years service in case of male teachers. Rules of 2008 also provides for the posting of newly promoted teachers. Though the Rules of 2008 are christened as posting rules, but it intents to effectively deal not only with initial posting of teachers but also specifies that such teachers posted in the institution would be entitled to transfer, including mutual transfer, after initial service in the block for five years. Rule 8(1)(d) is specific in that regard. Vires of Rule 8(1)(d) has already been upheld by this Court.