RAM KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition involving determination of law point, with the consent of the parties, has been heard on merit.

(2.) The petitioner, who is senior most Lecturer in M.L.M.L. Inter College, District Faizabad through this writ petition has sought for issue of a writ of certiorari, quashing thereby an order dated 11.2.2003 passed by opposite party No. 3 transferring opposite party No. 9 Principal of Gandhi Vidyalaya Inter College. Nawabganj, District Gonda as Principal of M.L.M.L. Inter College, District Faizabad as also the resolution dated 19.10.2002 passed by opposite party No. 7 giving its approval for transfer of said Uma Shanker Singh, opposite party No. 9 on the post of Principal, M.L.M.L. Inter College, District Faizabad. It has also have been prayed that a direction in the nature of mandamus commanding the opposite parties not to implement the impugned transfer order be given and the opposite parties be directed to consider the case of the petitioner and appoint him on the post of Principal, M.L.M.L. Inter College, District Faizabad with consequential benefits thereof.

(3.) It appears that opposite party No. 8, Principal of M.L.M.L. Inter College, Faizabad is due to retire shortly on his superannuation and the post held by him is to fall vacant on 1.7.2003. The Committee of Management of M.L.M.L. Inter College, District Faizabad sent intimation of this prospective vacancy through concerned District Inspector of Schools as also forwarded two names of the senior most Lecturers of the College alongwith their service records for their being considered for selection to the post of Principal. In the meantime, opposite party No. 9 who is presently working as Principal in Gandhi Vidyalaya, Inter College, Nawabganj, District Gonda made an application to opposite party No. 7 for his appointment by transfer to the post of Principal, M.L.M.L. Inter College, District Faizabad on which opposite party No. 7 authorized its Manager to issue 'No Objection Certificate' and on the basis of the no objection certificate issued by the Manager, the opposite party No. 3 passed the impugned order of transfer of opposite party No. 9 directing him thereby to take over the charge on 1.7.2003 after the post of Principal, M.L.M.L. Inter College falls vacant on 30.6.2003. The petitioner challenges the said transfer order passed by opposite party No. 3 and resolution as contained in Annexure No. 2 to the writ petition passed by opposite party No. 1, inter alia, on the grounds that they are being against public interest and bad in law and arc aimed at completely running the promotional avenue of the petitioner. It has also alleged that this order has been passed without giving an opportunity of hearing to the petitioner and is violative of his rights. The opposite party No. 1 has filed his counter-affidavit supporting the order of opposite party No. 3 and the resolution passed by opposite party No. 7 which according to him are legal and valid.