HARI PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This intra-Court appeal arises out of the judgment delivered by a learned Single Judge whereby the appellant's writ petition has been dismissed and it has been held that the process of appointment of the respondent No.11/Dr. Krishna Kant Yadav for being appointed as a Principal in the Lucknow Montessori Inter College, Purana Qila, Lucknow by way of transfer under Regulations 55 to 61 of Chapter III of the U.P. Intermediate Education Act, 1921 can be undertaken provided he fulfills the conditions of the aforesaid Regulations. The post has not yet been advertised by the U.P. Secondary Education Services Selection Board for being filled up by direct recruitment.

(2.) The appellant had challenged the letter dated 11.7.2016 issued by the Joint Director of Education, VI Region, Lucknow, whereby he had called upon the District Inspector of Schools to take further action in processing the appointment of the respondent No.11 by way of transfer on the basis of the documents received, and also prayed for quashing of the resolution dated 18.6.2016 of the respondent No.10 Committee of Management as well as the No Objection of the Committee dated 21.6.2016.

(3.) The appellant relying on the Full Bench decision of this Court in the case of Prashant Kumar Katiyar vs. State of U.P. and others, 2013 1 ESC 221 had urged before the learned Single Judge that once the District Inspector of Schools had taken the steps for requisitioning the post to be filled up by direct recruitment, then this amounted to a determination of vacancy to be filled up by direct recruitment which could not be reversed by the Committee of Management by resorting to fill-up the post by way of transfer under the aforesaid Regulations. It is for this reason learned counsel for the appellant has urged that the Joint Director of Education had committed an error by calling upon for the documents vide letter dated 11.7.2016 for processing the appointment by way of transfer of the respondent No.11.