ABHA SRIVASTAVA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) In both these writ petitions, the petitioners are working as Lecturer and Assistant Teacher, respectively (petitioners in WPSS No. 1724 of 2016 and 1722 of 2016) in the Government Girls Inter College, Kashipur, District Udham Singh Nagar. By impugned order dated 07.09.2015, passed by the District Magistrate, Udham Singh Nagar, they have been attached at Government Girls Inter College, Bazpur and Government Girls Inter College, Jaspur respectively. The reason assigned in the impugned order is that there was some kind of agitation in the school campus, in which after preliminary enquiry it was found that the petitioners were involved in instigating the students against the Principal of the school.

(2.) All the same, the main objection of the petitioners before this Court regarding the impugned order is that the impugned order is totally without jurisdiction, inasmuch as the District Magistrate has absolutely no authority to pass such an order, though such an order could have been passed only by the Education Authorities.

(3.) In fact by the same impugned order dated 07.09.2015, the Principal of the school was also attached in the Office of Chief Education Officer, Udham Singh Nagar by the Administrative Authority/District Magistrate, Udham Singh Nagar. Moreover, the Principal - Kamni Verma had also challenged the said impugned order dated 07.09.2015 before the Division Bench of this Court, which was set aside by the Court vide judgment and order dated 12.04.2016.