AJAY KUMAR Vs. DIRECTOR OF HIGHER EDUCATION

JUDGEMENT

(1.) A Division Bench has referred the following question for decision by a Full Bench : Whether the U. P. Higher Education Service Commission has jurisdiction/power to transfer a teacher from one Degree College to another?

(2.) Sri R. N. Singh, learned counsel for the petitioner has at the thresh hold submitted that the question, which has been referred to the Full Bench should be enlarged and reframed so as to include the question relating to the power of the Director, Higher Education, U. P. (hereinafter referred to as the Director) to transfer a teacher, because the petitioner in his writ petition has claimed relief for appropriate direction to both the Director and the U. P. Higher Education Service Commission (hereinafter referred to as the Commission) to transfer him from Shamli to Allahabad and even if the Commission is found to have no such jurisdiction the petitioner cannot get any relief even against the Director, because of the observations made in the order of reference to the effect that the Director also has no such power. Learned counsel for the respondents have no objection if the question is reframed so as also to include the question relating to the power of the Director to transfer a teacher from one College to another. We have accordingly reframed the following question for decision by the Full Bench : Whether the U. P. Higher Education Service Commission and/or the Director, Higher Education, U. P. have jurisdiction/power to transfer a teacher from one Degree College to another?

(3.) The relevant facts of this case are as follows :