KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAJESH Kumar, J. By means of the present writ petition under Ar ticle 226 of the Constitution of India, the petitioner is challenging the transfer order dated 20th June, 2008 passed by the Additional Director of Education (Sec ondary) U. P. , Allahabad transferring Sri Ram Prakash Bhardwaj, Principal from Subhash Inter College, Aunla, Bareilly to Sardar Singh Inter College, Narauli, Moradabad.

(2.) THE petitioner was an officiating principal in Sardar Singh Inter College, Narauli, Moradabad. It appears that Sri Ram Prakash Bhardwaj has been se lected as a Principal by the Board in pursuance of the advertisement published in the year, 2002 and appointed as a principal in Subhash Inter College, Aunla, Bareilly. Sri Ram Prakash Bhardwaj applied for his transfer from Subhash Inter College, Aunla, Bareilly to Sardar Singh Inter College, Narauli, Moradabad in the year, 2007. It may be mentioned here that the advertisement for the appointment of Principal was challenged by the officiating Principal for this post. Learned Single Judge has dismissed the petition. Against the order of the learned Single Judge, Special Appeal was filed which was allowed and advertisement was quashed. Against the orders in Special Appeals, several Special Leave Petitions including Civil Appeal Nos. 3938 and 3939 of 2008, Balbir Kaur and others v. U. P. Secondary Education Service Selection Commission and others and Special Leave to Appeal Nos. 19335 and 19336 of 2003 were filed before the Apex Court. THE Apex Court vide order dated 16. 5. 2008 allowed the appeals and set aside the orders passed by Division Bench in Special Appeal and declared the advertisement for the appointment as valid. Meaning thereby that the selections of the Principals in pursuance of the said advertisement has been held valid. When the matter was pending before the Apex Court, the petitioner has filed Civil Misc. Writ Petition No. 19065 of 2008 challenging the transfer proceeding of the respondent No. 7 Sri Ram Prakash Bhardwaj stating therein that the petitioner was working as officiat ing Principal and the transfer would affect the right of the Petitioner. This Court on 11. 4. 2008 has stayed the further proceeding pending before the Additional Direc tor of Education (Secondary), U. P. Allahabad relating to the transfer of Sri Ram Prakash Bhardwaj. This writ petition is said to be pending.

(3.) LEARNED Counsel for the petitioner submitted that the transfer can only be sought by a permanent principal. He submitted that prior to Apex Court Judg ment, respondent No. 7 was only temporary principal and, therefore, he could not apply for transfer. He submitted that this Court has stayed the transfer proceed ing vide order dated 11. 4. 2008, the said order still exists and continuing. He submitted that there should be a resolution by both the Committee of Manage ments for the transfer, while in the present case there is no reference of any such resolution in the impugned order. He further submitted that after becoming a per manent principal, respondent No. 7 has not moved any application for the transfer and there is no recommendation of the Committee of Management and only in pursuance of the application in the year, 2007, he has been transferred.