JAI BHAGWAN SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri R.K. Ojha, learned counsel for petitioner and perused the record.

(2.) PETITIONER's application requesting for transfer from one Primary School to another Primary School has been declined approval by the District Basic Education Officer, Ghaziabad by order dated 26.9.2007 on the ground that the transfer is being sought between two different kind of institutions, namely, from an unaided Primary School to an aided Primary School and in view of Circular dated 1.10.2002 it is not permissible.

(3.) THIS Rule has to be read with the provisions of relevant statutes, namely U.P. Basic Education Act, 1972 (hereinafter referred to as "1972 Act") and UP. Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978 (hereinafter referred to as "1978 Act") since the recognized aided institutions are admittedly governed by these statutes. 1978 Act provides that liability of payment of salary would be on State exchequer in respect to an institution where the appointments are made. There the term "Institution" has been defined in Section 2(e) which reads as under: