RADHA CHARAN versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Radha Charan v. State Of U.P. & Others - SPECIAL APPEAL No. 137 of 2006 [2006] RD-AH 3383 (14 February 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO. 34

SPECIAL APPEAL NO. 137 OF 2006

Radha Charan       -------------  Appellant/Petitioner              

Versus.

State of U.P. & Ors.        -------------  Respondents

_________

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble  Dilip Gupta, J.

This special appeal has been filed  against the impugned judgment and order of the learned Single Judge dismissing the writ petition against the impugned transfer order dated 20.5.2005.

The transfer order had been challenged, contending that it had been passed in contravention of the guidelines fixed by the State for transfer and that too in mid academic session. The learned Single Judge has dismissed the petition. The issue agitated before the learned Single Judge has been re-agitated before us and it is pointed out that though the impugned transfer order was passed on 20.5.2005, it had been served upon the petitioner at a much belated stage and the mid academic transfer had caused problems to the appellant/petitioner.

Undoubtedly, the guidelines formulated by the State for the purpose of transfer do not have the statutory character nor the same can be enforced, through the writ jurisdiction. So far as the grievance of the petitioner that it had been passed in mid academic session, has no relevance in the instant case as it is not the case of the appellant/petitioner that the transfer order would adversely affect the education of his children. No such ground has been taken either in the writ petition or in appeal.

Appeal is devoid of any merit and accordingly dismissed.

14.2.2006

AKSI

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