Shreyaskar Tripathi vs State Of U.P. & Others on 26 November, 2010
The decisions in Ratan Pal Singh vs. Deputy Director of Education 1983 UPLBEC 34 and Committee of Management, National Inter College vs. the Inspector of Schools Azamgarh 1983 UPLBEC 198, were held not to lay down correct law and the decision in Har Swarup Misra vs. State of UP 1978 ALR 215 was upheld. A transfer according to majority view cannot be made as a device to make appointment, with respect to which the power vests with the Commission. When the legislature has used two different terms in the same statutes, namely 'transfer', and 'appointment', they cannot be placed at par. The minority view of Justice B.D. Aggarwal holding that even after enforcement of the U.P. Secondary Education Service Commission and Selection Boards Act 1982 (UP Act No. 2 of 1982) and the rules framed thereunder, the provisions of Section 16-6 (2) (c) of the Act and Regulations 55 to 62 of Chapter III, of transfer will continue to be operative and effective, did not prevail.