LAWS(ALL)-2010-11-243

KUNWAR PAL SINGH Vs. STATE OF U.P.THROUGH PRINCIPAL SECRETARY, SECONDARY EDUCATION, U.P., LUCKNOW AND OTHERS

Decided On November 19, 2010
KUNWAR PAL SINGH Appellant
V/S
State of U.P.Through Principal Secretary, Secondary Education, U.P., Lucknow Respondents

JUDGEMENT

(1.) Heard counsel for the parties. In paragraphs 4 to 6 of the writ petition, it has been stated that the petitioner was appointed as teacher and promoted as Principal in Brahmdat Saraswati Vidya Mandir, Bilaspur, District Rampur. It appears that he was posted as Principal of Saraswati Vidya Mandir, Dankur, District Gautam Budh Nagar from where he was transferred to Saraswati Vidya Mandir, Ghasipura, District Muzaffar Nagar on the post of Principal vide order dated 22nd June. 2006 and that his signatures were attested by the District Inspector of Schools vide order dated 1st September, 2009.

(2.) On the strength of such allegations, petitioner seeks to challenge the order of the Authorized Controller dated 1st April, 2010. whereunder it has been directed that the persons appointed by the earlier Committee of Management shall cease to function in view of the order of the Writ Court dated 29th January. 2010. According to the petitioner, the order dated 29.1.2010 is in a petition pertaining to inter se dispute of the Committee of Management. Therefore, the same would not affect the transfer of the petitioner.

(3.) The contention so simply stated appears to be attractive. however, on the examination of the records this Court finds that the petitioner has been transferred to a recognized intermediate college on 22nd June, 2006. The order of transfer has been enclosed as Annexure-2 to the writ petition, which is a letter of the Pradesh Nirikshak. Bhartiya Shiksha Samiti Parishad, U.P. Ghaziabad.