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Uttar Pradesh Purva Madhyamik (J.H.S.) Shikshak Sangh v. State Of U.P. & Others - SPECIAL APPEAL No. 1499 of 2005 [2005] RD-AH 8138 (23 December 2005)


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Court No.32

Special Appeal No. 1499 of 2005

Uttar Pradesh Purva Madhyamnik (Junior High School)

Shikshak Sangh, Shakha-Janpad, Ghaziabad .....Appellant


State of U.P. & others .....Respondents


Hon'ble S. Rafat Alam, J.

Hon'ble Vikram Nath, J.

This special appeal, under the Rules of the Court, arises from the order of Hon'ble Single Judge dated 1.12.2005 dismissing the appellant's Civil Misc. Writ Petition No.71706 of 2005.

We have heard Sri S.K.Mishra, learned counsel for the appellant, learned Standing Counsel for respondents no. 1 to 3 and Sri Prashant Rai, learned counsel for respondents no. 4 and 5.

It appears that the appellant challenged the order of the District Basic Education Officer, Ghaziabad dated 13.7.2005/20.7.2005 transferring teachers on the ground that the same is in violation of the guidelines dated 9.6.2004 of the State Government.  The Hon'ble Single Judge, having found that the order of transfer is not in violation of any statutory rules and in the absence of any allegation of mala fide, dismissed the writ petition.

Learned counsel for the appellant, however, submitted that the guidelines regarding transfer has not been fully and correctly implemented. We do not find any force in the submission for the reason that such guidelines do not have statutory force nor do they confer any legally enforceable right to challenge the order of transfer on the ground that it is in violation of the Government Order containing the guidelines. This aspect has also been considered by the Hon'ble Single Judge and the contention raised before His Lordship was repelled in view of the law as has been laid down by the Hon'ble Apex Court in the case of State of U.P. Versus Gobardhan reported in AIR 2004 SC 2165.  Therefore, we do not find any fault in the order of Hon'ble Single Judge. Further we are also of the view that the appellant, being an association, has no locus standi to question the validity of the individual order of the teachers and, therefore, the writ petition and this appeal are also not maintainable on that ground.

There is no merit in the appeal. It is accordingly, dismissed.

Dated : 23.12.2005



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