DR. SMT. MADHU TANDON WIFE OF ASHISH TANDON Vs. STATE OF U.P. THROUGH SECRETARY, UCHCHA SHIKSHA ANUBHAG-II, GOVERNMENT OF U.P. AND ORS.

JUDGEMENT

(1.) D .A.V. Post Graduate College, Lucknow (hereinafter called as the D.A.V. College) is affiliated to Lucknow University Lucknow. The provisions of the State Universities Act, 1973 as well as those of U.P. Higher Education Services Commission Act, 1980 (hereinafter called as Act, 1980) are fully applicable to the teachers of the said college. A vacancy on the post of Lecturer Economics was caused on substantive basis in the college due to retirement of one Dr. Ram Autar Singh on 30th June, 2002.

(2.) UNDER U.P. Ordinance No. 14 of 2004, Section 12 of the Act, 1980 was amended and a provision for transfer of the teachers from one aided degree college to another aided college, college, on fulfillment of the conditions mentioned, was provided for. For the purposes of regulating the said transfer, the Governor of the State was pleased to notify the Uttar Pradesh Aided Colleges Transfer of Teachers Rules, 2005 (hereinafter called as the Transfer Rules, 2005) published in the gazette on 09th April, 2005. Rules 4 and 5 provide for conditions and procedure to be adopted qua transfer of a Lecturer from one college to another, be it a single transfer or mutual transfer.

(3.) THE dispute in the present writ petition is between two teachers namely the petitioner and respondent No. 5, both claiming a right of transfer against the vacancy of Lecturer Economics in the College. The parties are at variance qua no objection certificate granted by the Manager of the College in favour of both of them. The order issued by the State Government approving the transfer of respondent No. 5 is under challenge. The facts relevant for adjudicating upon the said dispute are as follows: