RAMDEEN MAYURYA Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted in these Special Leave Petitions.

(2.) In these appeals, the appellants question the correctness or otherwise of the judgment and order passed by the High Court in Civil Misc. Writ Petition No. 5014 of 2006 dated 04.10.2007. By the impugned order, the Court, while allowing the writ petition, has quashed the order passed by the State Government dated 09.01.2006, wherein and whereunder the State Government had granted permission for transfer of petitioner-Dr. Ram Deen Maurya from A.P.N. College, Basti to D.A vs. Post-Graduate College, Lucknow, to the post which had fallen vacant due to the retirement of Dr. Ram Autar Singh.

(3.) Case of the petitioner - Dr. Ram Deen Maurya :- Petitioner is working as a Lecturer in A.P.N. Post-Graduate College, Basti in the Department of Economics. On 30.06.2002, a post of a Reader fell vacant in the Department of Economics due to the retirement of Dr. Ram Autar Singh in D.A vs. Post-Graduate College, Lucknow. The petitioner wanted to be transferred from A.P.N. Post-Graduate College, Basti to D.A vs. Post-Graduate College, Lucknow to the aforesaid vacant post. Therefore, petitioner on 12.03.2005 applied for No Objection Certificate (N.O.C.for short) before the management of D.A vs. Post-Graduate College for the transfer to the said vacant post. By a Resolution dated 04.04.2005, the management of D.A vs. College unanimously decided in favour of the petitioner for the issuance of NOC and accordingly issued the NOC in favour of the petitioner on 03.05.2005 for the said transfer. Petitioner on 05.05.2005 applied for the issuance of NOC in his parent College viz. A.P.N. College for transfer to D.A vs. Post-Graduate College. The authorized Controller of the A.P.N. College considered the application of the petitioner and issued NOC for the said transfer on 30.05.2005. The Principal of A.P.N. College on 31.05.2005, sent the application of the petitioner to the Director of Education, (Higher Education, Uttar Pradesh for its consideration and recommendation as provided in the Uttar Pradesh Aided College Transfer of Teachers Rules, 2005.