- (1.) 'Saraswati Vidya Mandir Inter College Kakari Pariyojna Sonebhadra' is a recognised, unaided educational institution governed by the provisions of the U.P. Intermediate Education Act, 1921 (in short the Act of 1921). It was recognised as Higher Secondary School on 29.3.2001, and as Intermediate College for classes upto Class XII, on 25.9.2004. The Committee of Management of the institution was recognised by Regional Committee chaired by the Joint Director of Education, Vindhyachal Region, Mirzapur dated 2.1.2007. Shri Shyam Sunder Singh is the President and Shri Uma Shanker Singh is the Manager of the institution.
(2.) Bhartiya Shiksha Samiti, Uttar Pradesh Purva Allahabad is a society, which is not stated to be registered and has any concern with the Saraswati Vidya Mandir Inter College Kakari Pariyojna, Sonebhadra. The Secretary of the Society transferred the petitioner vide impugned order dated 13.7.2007 from Saraswati Vidya Mandir Inter College Kakari Pariyojna Sonebhadra, to Barati Lal Ganga Ram Sarswati Vidya Mandir Inter College Lalganj, District Raibareily.
(3.) The District Inspector of Schools, Sonebhadra, by his order dated 16.7.2007, directed the Manager of the institution, clarifying that the order of transfer is impermissible and is illegal, and that since the provisions of U.P. Intermediate Education Act, 1921, the regulations framed therein are fully applicable to the institution, the petitioner can be transferred only after following the procedure prescribed for transfer under Regulations 55 to 61 in Chapter III of the Regulations made under the UP Intermediate Education Act, 1921 providing for making application to the competent authority for transfer with no objections from both the institutions. The regulations provide for transfer by a competent authority under the Act of 1921.;