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SATISH KUMAR versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Satish Kumar v. State Of U.P. And Others - WRIT - A No. 56982 of 2006 [2006] RD-AH 19427 (16 November 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 53

Civil Misc. Writ Petition No. 56982 of 2006

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Satish Kumar Vs. State of U.P. & others

Hon'ble Arun Tandon, J.

Heard learned counsel for the parties.

Petitioner challenges the empanellment of Praveen Kumar Singh by the U.P. Secondary Education Services Selection Board, Allahabad for appointment as L.T. Grade teacher (Mathematics) for Janta Inter College Rauja, Yakubpur, Gautambudh Nagar.

It is surprising that the Secretary, U.P. Secondary Education Services Selection Board, Allahabad on 14th August, 2006 granted a No Objection Certificate to the transfer of the petitioner Satish Kumar along with other candidates from Sarvoday Inter College, Vishanpur, Fatehpur to Janta Inter College, Yakub Pur, Gautambudh Nagar, and only nine days thereafter i.e. 23rd August, 2006 issued the letter qua empanellment of the selected candidate against the same vacancy.

According to the learned counsel for the  U.P. Secondary Education Services Selection Board, Allahabad, such 'No Objection Certificates' are not  contemplated under the provisions of U.P. Secondary Education Services Selection Board Acts and Rules or under the Intermediate Education Act, 1921.

This Court has no hesitation to record that the Secretary has not acted within the four corners of the Act where under he hold the  office. 'No objection certificate' as has been  issued in the present case, is totally uncalled for.  Neither under the U.P. Intermediate Education Act, 1921 nor  under the U.P. Secondary Education Services Selection Board Act, 1982  any 'no objection' from the Secretary, U.P. Secondary Education Services Selection Board, Allahabad is contemplated. Transfer is regulated under Section 16 of the U.P. Secondary Education Services Selection Board Act, 1982 read with Regulation 55 to 62 of Chapter-III of the regulations framed under the U.P. intermediate Education Act, whereunder the Secretary, U.P. Secondary Education Services Selection Board has no role to play. Because of such unauthorised letter issued by the Secretary, chaos is created and  regularly selected candidates are forced to run from pillar to post for joining.

This Court therefore, records that the Secretary, U.P. Secondary Education Services Selection Board must not issue such No Objection Certificate for transfer of a teacher, as the Secretary has no such role to play under any provisions of law in respect of transfer of teachers of intermediate colleges.

Respondent no.9 Pradeep Kumar Singh has been empanelled against  a vacancy on the post of L.T. Grade Teacher (mathematics) in Janta Inter College, which has been advertised and selections had been made by direct recruitment.

It is settled law that  no transfer can be affected against a vacancy which has already been requisitioned/advertised.

In view of the aforesaid the transfer of petitioner from Sarvoday Inter College, Vishanpur, Fatehpur to Janta Inter College, Yakub Pur, Gautambudh Nagar against a vacancy on the post of L.T. Grade teacher (mathematics), which had already been advertised and selection had been made, is patently illegal and therefore, he must give away to  the regularly selected candidate.  It is ordered accordingly.

The petitioner shall revert back to his original place of posting as Assistant Teacher in Sarvoday Inter College, Vishanpur, Fatehpur within two weeks from today. After such joining at Sarvoday Inter College, Vishanpur, Fatehpur  he will be at liberty to file an application for transfer against any other available post, afresh under Section 16 of the U.P. Secondary Education Services Selection Board Act, 1982 read with Regulation 55 to 62 of Chapter-III of the regulations framed under the U.P. intermediate Education Act.

The write petition is accordingly dismissed subject to the observations made herein above.

16.11.2006

Sushil/-56982-06


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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