MOULABI RAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Ramesh Chandra Tiwari, learned counsel for the petitioner in Writ - A No. 11297 of 2023. Sri Naresh Chandra Tripathi, learned Advocate appearing for 5th respondent and also petitioners' counsel in Writ - A No. 17926 of 2023 and Sri Trilok Nath Dubey, learned Advocate appearing for Committee of Management in both the petitions as well as Sri P.K. Srivastava, learned Additional Chief Standing Counsel for the State respondent.

(2.) These three above captioned writ petitions have been filed by Moulabi Ram, Ramyash and Mahatim Singh respectively. While Moulabi Ram is seeking a writ of certiorari for quashing the order of transfer dtd. 30/6/2023 in respect of Ramyash impleaded as 5th respondent, Ramyash the petitioner in his writ petition seeks a writ of certiorari quashing the order dtd. 20/7/2023 putting in abeyance his transfer order upon a representation dtd. 15/7/2023 of Moulabi Ram who is impleaded as 7th respondent in his writ petition. He further seeks a writ of mandamus to give him joining as Principal of Goverdhan Inter College, Muftiganj, Jaunpur pursuant to the transfer order dtd. 30/6/2023. One Mahatim Singh who is working as Assistant Teacher L.T. Grade in the Institution in question, questions the promotion of Moulabi Ram as Lecturer (Sociology) as according to him on the date of occurrence of the said vacancy i.e. 1/7/2007 he was not having experience of five years' continuous regular service in L.T. Grade and so also did not possess the academic qualification as per Appendix - A.

(3.) Looking to the facts pleaded by respective parties in the writ petitions and their grounds for relief claimed and as the learned Advocates appearing for respective parties agree, in my considered view also the controversy between Moulabi Ram and Ramyash is required to be decided in the first instance. The transfer order of Ramyash is under challenge in the petition of Moulabi Ram and there is a prayer for mandamus also in the writ petition of Ramyash to give him joining. The order putting in abeyance the transfer order of Ramyash can be considered while deciding these two petitions first and so far as Mahatim Singh's writ petition is concerned, it involves an entirely different issue and therefore, it can be decided separately.