LAWS(ALL)-2003-4-242

GAON SHIKSHA SAMITI Vs. STATE OF U P

Decided On April 04, 2003
GAON SHIKSHA SAMITI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 14.8.2000 (Annexure-7), by which three teachers have been transferred from the school of the petitioner, and further to direct the respondents not to interfere with peaceful functioning of the institution in village Sahabad.

(2.) Facts and circumstances giving rise to this case are that in the village Sahabad there was a Primary School and it was upgraded and posts of three teachers were sanctioned. The list of the new established schools were issued in which the school of the petitioners village was also there. It appears that there has been some change in the list and in place of the name of the petitioners' village the name of another village was substituted vide order dated 11.8.1999. In pursuance of the said order the three teachers posted there because of upgradation have been transferred to various other places. Hence this writ petition.

(3.) Learned counsel for the petitioner has not filed the order by which the school stood upgraded. What has been filed as Annexure-1 is a copy of the part of some newspaper showing the name of the petitioner's school. The order by which the earlier order upgrading the school has been recalled is not a part of the record. Nor any application has been made to issue the direction to the respondents to supply the copy of order dated 11.8.1999 to the petitioner. What has been filed before this Court is order of transfer of three teachers posted there because of the up-gradation. Thus, it is evident that neither the order upgrading the school nor the order modifying that order of upgradation has been placed on record and prayer has been made to issue direction to the respondents not to interfere with the peaceful functioning of the school, and further to set aside the order of the transfer.