Allahabad High Court
Neeru Gupta vs State Of U P And 2 Others on 27 July, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 4151 of 2021
Petitioner :- Neeru Gupta
Respondent :- State Of U P And 2 Others
Counsel for Petitioner :- Devendra Kumar Shukla,Anil Kumar Dubey
Counsel for Respondent :- C.S.C.,Mrigraj Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Anil Kumar Dubey, learned counsel for the petitioner, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the respondent No. 1 and Shri Mrigraj Singh, learned counsel for the respondent Nos. 2 and 3.
The present writ petition has been preferred questioning the validity of status/rejection order of the petitioner regarding inter district transfer for the session 2019-20 whereby her transfer has been declined on the ground "vacancy not available for given choice/Outgoing limit of your current posting district" as she is not covered under Point No. 15 given in GO dated 2.12.2019.
The petitioner who is an Assistant Teacher working in Junior High School UPS, Sujanganj sought inter district transfer from District Jaunpur to District Ghaziabad.
Learned counsel for the petitioner has placed reliance on the judgement and order dated 23.3.2021 passed in Writ A No. 3445 of 2021 (Mamtesh Kumari Vs. State of U.P. And 4 Others). He submits that the present matter is squarely covered with the said judgment and similar indulgence may also be accorded in favour of the petitioner.
Per contra, Shri Mrigraj Singh, learned counsel for the respondent Nos. 2 and 3 has vehemently opposed the writ petition and submitted on the basis of instruction dated 14.7.2021 that the petitioner has got quality point "20" whereas as minimum cut off of inter district transfer for the Districts Ghaziabad and Gautambudh Nagar are "29" and "26" respectively. Therefore, the writ petition is liable to be dismissed.
Considering the facts and circumstances of the case, suffice to indicate that the Court does not find any infirmity in the rejection order whereby petitioner's right for transfer has been denied. However, this Court leaves it open to the petitioner to move appropriate application strictly in accordance with law for the next academic session, in case the same is permissible in law.
With the aforesaid leave, the present writ petition stands disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021
Jaswant
