Satendra Kumar vs State Of U.P.,Thru. Prin. ...
2012 Latest Caselaw 3912 ALL

Citation : 2012 Latest Caselaw 3912 ALL
Judgement Date : 31 August, 2012

Allahabad High Court

Satendra Kumar vs State Of U.P.,Thru. Prin. ... on 31 August, 2012

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 4590 of 2012
 

 
Petitioner :- Satendra Kumar
 
Respondent :- State Of U.P.,Thru. Prin. Secy.,Madhyamik Siksha U.P. & Ors.
 
Petitioner Counsel :- S.P. Maurya,Devendra Pratap Azad
 
Respondent Counsel :- C.S.C.,H.S. Jain
 

 
Hon'ble Ajai Lamba,J.

1.Learned counsel for the petitioner contends that the petitioner having qualified B.Sc. and B.Ed. and belonging to Scheduled Caste category applied in that category for the post of Trained Graduate Teacher (Science). The petitioner was selected and has been shown at serial No.119 in the list of selected candidates for the category. In this regard reference has been made to Annexure-3 (page 11 of the paper-book). This indicates that the post of Science Teacher in Rajarshi Ram Pal Singh Inter College, Rae Bareli, was required to be filled with a teacher i.e. petitioner, out of Scheduled Castes category.

2.Having been selected, the petitioner approached the respondents vide various communications. The petitioner, however, has been told that the post has been filled by way of transfer.

3.Learned counsel contends that the action of the respondents in filling the post by transfer in itself is without jurisdiction and, therefore, illegal. Learned counsel further contends that the post has been filled by a person, who belongs to backward class, which would be contrary to memo, Annexure-8 (running page 17), which provides that the Science Teacher in the said school was required to be appointed out of Scheduled Caste category.

4.Sri H.S. Jain, learned counsel appearing for respondent no.2 has not been able to dispute the legal position that the post could not have been filled by way of transfer.

5.Let counter affidavit be filed within two weeks from today positively.

6.Let the respondent nos.6 to 8 be served, returnable in three weeks.

7.List after three weeks.

Order Date :- 31.8.2012

A.Nigam