R.H.Zaidi, J. - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 26.9.2000, whereby the petitioner who is holding the post of Head Master, has been transferred from one school to other school situated in rural area.
(2.) LEARNED counsel for the petitioner submitted that the impugned transfer order is hit by Rule 21 of the U.P. Basic Shiksha (Adhyapak) Sewa Niyamawali, 1981, therefore, the impugned order of transfer was illegal and was liable to be set aside. I have considered the submissions made by learned counsel for the petitioner. Rule 21 of the aforesaid Rules provides as under: -
(3.) A reading of the aforesaid Rule reveals that the transfer of a teacher from rural to rural area or from urban to urban area in the same district is not prohibited legally. If anything is not prohibited under the law, the same is deemed to be permitted. The transfer order is view of the aforesaid rule cannot be said to be illegal or invalid. No case for interference under Article 226 of the Constitution of India is made out. The writ petition fails and is hereby dismissed.;