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Showing contexts for: mutual transfer in Kamini Singh vs State Of U.P. And 3 Others on 13 March, 2018Matching Fragments
Rule 9 provides for the constitution of a Posting Committee comprising of 4 members which is headed by the Principal, District Institution of Education and Training. The function of the Committee is to approve the list prepared under Rule 5, 6 and 7. Rule 5 provides for preparation of the list of selected candidates for the purpose of posting. Rule 6 provides for preparation of list of schools for posting. Rule 8 contemplates posting of the handicapped candidates, female teachers and male teachers and mutual transfers of teachers from one backward block to another. Rule 5, 6 and 8 reads thus:
(c) The posting of male teachers shall be made in accordance with the order of candidates, in the roster prepared under Rule 7.
(2)(a) The newly appointed male teachers shall initially be posted compulsorily in backward areas for a period of at least five years.
(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.
(f) Mutual transfers of male/female teachers from one backward block to another can be considered.
(3) Teachers transferred from one district to another will be given posting as per the provisions of these rules.]"
The list under Rules 5, 6 and 7 is required to be prepared with the approval of the committee referred to in Rule 9.
On reading of the provisions together it is clear that the rules apply to teachers appointed to junior basic school or senior basic school and are to be posted in accordance to the provisions contained therein. Upon identifying general and backward blocks of the district as per Rule 4 separate list of: (i) teacher less schools; (ii) single teacher schools; (iii) schools other than the aforementioned schools shall be prepared in the ascending order of Pupil Teacher Ratio. Upon list of schools being prepared in terms of Rule 6 posting of the teachers is required to be made in terms of Rule 8, accordingly, (i) three option of schools is to be furnished by the handicapped candidates and they shall be posted on the basis of options given by them against the available vacancies; (ii) option of three schools for general and backward blocks is to be furnished by female teachers; (iii) posting of male teachers shall be made in accordance with order of candidates in the roster prepared under Rule 7. The rule further requires that the newly appointed male teachers shall initially be posted compulsorily in rural area for at least five years and the newly appointed female teachers shall be compulsorily posted in backward area for at least for two years. Mutual transfers within the district from general block to backward block and vice versa is permitted subject to the condition that such teacher would have to serve that block compulsorily for five years.