RAJIV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The question which needs adjudication by this Court, raised through these two petitions are as to "Whether once the requisition has been sent by the Committee of Management to the U.P. Secondary Education Service Selection Board (hereinafter referred to as "the Board") in terms of sub-rule (4) of Rule 11 of U.P. Secondary Education Services Selection Board Rules, 1998 (hereinafter called as "Rules of 1998") the post of Principal in an intermediate institution can be filled by way of transfer or the senior most teacher officiating as a Principal is to continue till a duly selected candidate is sent by the Board."

(2.) Further, upon the enactment of Uttar Pradesh Education Service Sec. Commission Act, 2023 (hereinafter called as "Act of 2023") enforced on 17/8/2023 published in official gazette on 21/8/2023 and the Uttar Pradesh Education Service Selection Commission Rules, 2023 (hereinafter called as "Rules of 2023") having been enforced from 13/12/2023, whether anything done or action taken in pursuance of Rules of 1998 to continue or not.

(3.) The question relating to intimation of vacancy to the Board and cessation of power to fill up the vacancy by transfer was before the Full Bench in case of Prashant Kumar Katiyar vs. State of U.P. and others 2013(1) ADJ 523 (FB). The Full Bench found that once the procedure as per Rule 11(4) was followed and necessary intimation was given to the Board, there vest no power to fill up the vacancy by transfer. Relevant paras 38 to 41 of the judgment are extracted hereas under :