अंतर्जनपदीय ट्रांसफर अवमानना याचिका में सचिव खुद पहुंचे, सफाई दी - शिक्षिका ने अपनी बीमारी के दस्तावेज नहीं लगाए, मेरिट में नहीं आई, ट्रांसफर ऑनलाइन पारदर्शी ढंग से हुए, कोई मानवीय हस्तक्षेप की गुंजाइश नहीं, कोर्ट में मेटर क्लोज़ -
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3836 of 2018
Applicant :- Smt. Pooja Devi
Opposite Party :- Sanjay Sinha Secretary And Another
Counsel for Applicant :- Ravi Sahu
Counsel for Opposite Party :- A.K.Yadav,Vikram Bahadur Yadav
Hon'ble Manoj Kumar Gupta,J.
By order dated 6.2.2018, Writ-A No.4625 of 2018 filed by the applicant was disposed of in terms of the judgement rendered in Writ-A No.2868 of 2018 (Bibha Singh Kushwaha and 21 others Vs. State of U.P. and 2 others.
The operative part of the judgement dated 6.2.2018 in Bibha Singh Kushwaha (supra) reads thus:-
"9. Once the assurance has been given, then this Court hopes and trusts that in the light of the order dated 5.2.2018 and the consequential order dated 6.2.2018 the respondent authority would proceed in the matter and very soon the publication would be made in the widely circulated newspapers across the State of U.P. for enabling the candidates, who fall under Rule 8 (2) (d) of Rules of 2008 to make on-line applications for their inter-district transfer. In case any such application would be made by the incumbents, then the process would be ensured strictly in accordance with law. As it is alleged and there is apprehension that pick and choose policy would be adopted in the transfer. In such a situation the Court is of the considered opinion that for ensuring fair play and transparency, the Secretary (Basic Education), Government of UP, Lucknow as well as Secretary, U.P. Basic Education Board, Allahabad shall monitor the entire transfer process in this regard. In case there is any lapses, irregularities or partiality in this regard, they would be solely responsible. It is made clear that in case any discrimination is done in the transfer, then the higher authority would be at liberty to proceed against the concerned authority in this regard.
10. With the aforesaid directions/observations, the writ petition is disposed of."�
The applicant had sought transfer by filing online application on the ground that she is seriously ill and, therefore, she should be transferred from District Etawah to district Kanpur Nagar/Jalaun.
On 27.8.2018, the following order was passed:-
"Sri Vikram Bahadur Singh has appeared today on behalf of the opposite parties. He has placed on record the instructions received by him from opposite party No. 1, according to which the application of the applicant for transfer was considered, but her name does not figure in the order dated 30.6.2018 issued by the department in regard to the candidates, whose request for inter-district transfer was allowed.
A perusal of the order of the writ Court reveals that thereunder the Board was required to issue a detailed advertisement in newspapers having wide publicity and thereafter consider request for inter-district transfer. It was also the intent and purport of the order passed by this Court that there could be no bar in seeking transfer on the grounds covered by Rule 8(2)(d), even if five years of service had not been completed at the present place of service. The instructions furnished does not reveal that while finalising the list for transfer, no claim has been excluded on the said ground. It is also not clear that if there are more applicants seeking transfer to a particular district, as compared to vacancies, what criteria was followed in finalising the list.
Learned counsel for the opposite party is also unable to explain the same.
In such circumstances, the opposite party No. 1 is directed to appear in person before this Court on 6.9.2018 along with detailed affidavit to show compliance of the order of the writ Court in letter and spirit.
Put up as fresh on 6.9.2018."�
In compliance of the said order, opposite party no.1 has appeared in person. He has also filed two affidavits and wherein the stand taken is that the request of the applicant for transfer from district Etawah has been rejected, as the applicant failed to substantiate her claim. It is pointed out that a Government Order was issued on 13.6.2017, according to which, the application seeking transfer was to be filed online on the designated portal alongwith evidence in support of the claim. The applicant had failed to substantiate her claim of illness, as she did not submit any document. It is also stated in the affidavit that under clause 6 of the Government Order, where the existing vacancies in any particular district was more than 15% of the total sanctioned strength in the cadre, no transfer was permissible.
Sri Arun Kumar, learned counsel appearing on behalf of opposite party no.1 has placed reliance on a judgement of this Court dated 13.8.2018 in Writ-A No.14395 of 2018 Smt. Ruchi Vs. State of U.P. and 2 others with other connected matters, where this Court has upheld the aforesaid restriction placed by Government Order.
It is further submitted by Sri Arun Kumar that no transfer application has been rejected solely on the ground that a teacher has not completed five years of service at the present place of posting. He further submitted that the claim for transfer has been considered in the light of Government Order dated 13.6.2017 as modified by Government Order dated 20.9.2017. According to the procedure prescribed under these Government Orders, the applications submitted online are subjected to a grading system and marks are awarded accordingly. The aforesaid exercise is carried out by the software developed by National Informatics Centre without any human interference, thus ruling out favouritism. The final orders of transfer have been passed on the basis of points obtained according to the grading system, keeping in mind the vacancies available in each district. The transfer orders could only be downloaded by the candidate himself from the website of National Informatics Centre.�
This being the factual position, this Court is of the opinion that substantial compliance of the directions issued by this Court in Bibha Singh Kushwaha has been made.
Accordingly, the notices issued to the opposite parties are discharged. The contempt application is consigned to record.
(Manoj Kumar Gupta, J)
Order Date :- 6.9.2018
SL
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3836 of 2018
Applicant :- Smt. Pooja Devi
Opposite Party :- Sanjay Sinha Secretary And Another
Counsel for Applicant :- Ravi Sahu
Counsel for Opposite Party :- A.K.Yadav,Vikram Bahadur Yadav
Hon'ble Manoj Kumar Gupta,J.
By order dated 6.2.2018, Writ-A No.4625 of 2018 filed by the applicant was disposed of in terms of the judgement rendered in Writ-A No.2868 of 2018 (Bibha Singh Kushwaha and 21 others Vs. State of U.P. and 2 others.
The operative part of the judgement dated 6.2.2018 in Bibha Singh Kushwaha (supra) reads thus:-
"9. Once the assurance has been given, then this Court hopes and trusts that in the light of the order dated 5.2.2018 and the consequential order dated 6.2.2018 the respondent authority would proceed in the matter and very soon the publication would be made in the widely circulated newspapers across the State of U.P. for enabling the candidates, who fall under Rule 8 (2) (d) of Rules of 2008 to make on-line applications for their inter-district transfer. In case any such application would be made by the incumbents, then the process would be ensured strictly in accordance with law. As it is alleged and there is apprehension that pick and choose policy would be adopted in the transfer. In such a situation the Court is of the considered opinion that for ensuring fair play and transparency, the Secretary (Basic Education), Government of UP, Lucknow as well as Secretary, U.P. Basic Education Board, Allahabad shall monitor the entire transfer process in this regard. In case there is any lapses, irregularities or partiality in this regard, they would be solely responsible. It is made clear that in case any discrimination is done in the transfer, then the higher authority would be at liberty to proceed against the concerned authority in this regard.
10. With the aforesaid directions/observations, the writ petition is disposed of."�
The applicant had sought transfer by filing online application on the ground that she is seriously ill and, therefore, she should be transferred from District Etawah to district Kanpur Nagar/Jalaun.
On 27.8.2018, the following order was passed:-
"Sri Vikram Bahadur Singh has appeared today on behalf of the opposite parties. He has placed on record the instructions received by him from opposite party No. 1, according to which the application of the applicant for transfer was considered, but her name does not figure in the order dated 30.6.2018 issued by the department in regard to the candidates, whose request for inter-district transfer was allowed.
A perusal of the order of the writ Court reveals that thereunder the Board was required to issue a detailed advertisement in newspapers having wide publicity and thereafter consider request for inter-district transfer. It was also the intent and purport of the order passed by this Court that there could be no bar in seeking transfer on the grounds covered by Rule 8(2)(d), even if five years of service had not been completed at the present place of service. The instructions furnished does not reveal that while finalising the list for transfer, no claim has been excluded on the said ground. It is also not clear that if there are more applicants seeking transfer to a particular district, as compared to vacancies, what criteria was followed in finalising the list.
Learned counsel for the opposite party is also unable to explain the same.
In such circumstances, the opposite party No. 1 is directed to appear in person before this Court on 6.9.2018 along with detailed affidavit to show compliance of the order of the writ Court in letter and spirit.
Put up as fresh on 6.9.2018."�
In compliance of the said order, opposite party no.1 has appeared in person. He has also filed two affidavits and wherein the stand taken is that the request of the applicant for transfer from district Etawah has been rejected, as the applicant failed to substantiate her claim. It is pointed out that a Government Order was issued on 13.6.2017, according to which, the application seeking transfer was to be filed online on the designated portal alongwith evidence in support of the claim. The applicant had failed to substantiate her claim of illness, as she did not submit any document. It is also stated in the affidavit that under clause 6 of the Government Order, where the existing vacancies in any particular district was more than 15% of the total sanctioned strength in the cadre, no transfer was permissible.
Sri Arun Kumar, learned counsel appearing on behalf of opposite party no.1 has placed reliance on a judgement of this Court dated 13.8.2018 in Writ-A No.14395 of 2018 Smt. Ruchi Vs. State of U.P. and 2 others with other connected matters, where this Court has upheld the aforesaid restriction placed by Government Order.
It is further submitted by Sri Arun Kumar that no transfer application has been rejected solely on the ground that a teacher has not completed five years of service at the present place of posting. He further submitted that the claim for transfer has been considered in the light of Government Order dated 13.6.2017 as modified by Government Order dated 20.9.2017. According to the procedure prescribed under these Government Orders, the applications submitted online are subjected to a grading system and marks are awarded accordingly. The aforesaid exercise is carried out by the software developed by National Informatics Centre without any human interference, thus ruling out favouritism. The final orders of transfer have been passed on the basis of points obtained according to the grading system, keeping in mind the vacancies available in each district. The transfer orders could only be downloaded by the candidate himself from the website of National Informatics Centre.�
This being the factual position, this Court is of the opinion that substantial compliance of the directions issued by this Court in Bibha Singh Kushwaha has been made.
Accordingly, the notices issued to the opposite parties are discharged. The contempt application is consigned to record.
(Manoj Kumar Gupta, J)
Order Date :- 6.9.2018
SL
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
http://joinuptet.blogspot.com
Shiksha Mitra | Shiksha Mitra Latest News | UPTET 72825 Latest Breaking News Appointment / Joining Letter | Join UPTET Uptet | Uptet news | 72825 Primary Teacher Recruitment Uptet Latest News | 72825 Teacher Recruitment Uptet Breaking News | 72825 Primary Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 72825 Teacher Recruitment Uptet News Hindi | 72825 Teacher Recruitment Uptet Merit cutoff/counseling Rank District-wise Final List / th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A | 29334 Junior High School Science Math Teacher Recruitment,
CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
