- (1.) The petitioner's case is that in accordance with the provisions of Chapter IV-A Section 21B of the U.P. Secondary Education Services Commission and Selection Boards (Amendment) Act, 1985, the petitioner's name was entered in the register of Reserve pool L.T. Grade teacher for English. Respondent No. 1 is said to have created one post of trained teacher having done graduation with English subject for Chitragupta Inter College, Mainpuri, along with some other posts. The D.I.O.S. is said to have recommended a science graduate teacher, Satya Prakash Tiwari for appointment in Chitragupta Inter College, while the name of the petitioner was recommended to Capt. Umed Singh Higher Secondary School. The principal, Chitragupta Inter College is said to have suggested by a letter that name of Satya Prakash Tiwari be recommended for Capt. Umed Singh Higher Secondary School and the petitioner's name be recommended for Chitragupta Inter College. Thereafter, the D.I.O.S. is said to have recommended the petitioner for being appointed in Chitragupta Inter College and Sri Satya Prakash Tiwari for appointment in Capt. Umed Singh Higher Secondary School, Mainpuri. In pursuance of this order, the petitioner was given appointment letter also and he joined on the post on 2-7-1986. By an order dated 12-3-1987, the D.I.O.S. is said to have cancelled his earlier order of appointment dated 1-7-1986 purportly in compliance with the order of Respondent No. 1. The Order of Respondent No. 1 has not been disclosed to the petitioner. The petitioner submits that the order of cancellation of his appointment as English teacher in Chitragupta Inter College is bad as it would put the petitioner out of employment. It is stated that there is vacancy in the said College against which the petitioner could be absorbed. The institution of the petitioner is said to be affected by the impugned order. Appointments of teachers are to be made subjectwise under law. The impugned order is, therefore, bad and without jurisdiction. It is said to be violative of principles of natural justice. Respondent No. 1 has no authority to advise the D.I.O.S. to pass the impugned order. On the basis of the aforesaid facts, the petitioner seeks quashing of order dated 12-3-1987 and directing the respondents not to give effect to the said order.
(2.) In their counter-affidavit, the respondents have stated that once the pool teacher had joined the institution to which he was appointed he could not be transferred to another institution. Transfer of a teacher from one institution to another institution is not permissible in pursuance of the decision of the Supreme Court to this effect. The Director issued instruction on 21-10-1983 and the D.E.E. in pursuance of those instructions and the decision of the Supreme Court the transfer of Om Prakash Tiwari was not approved, therefore, the order dated 12-3-1987 was passed. The learned counsel for the parties were heard and the record was also perused.
(3.) Section 16G of the U.P. Intermediate Education Act, 1921, hereinafter called the Act of 1921, provides that condition of service of persons employed in the recognized institutions shall be governed by the Regulation and by any agreement between management and the employees if the said agreement is not contrary to the provisions of the Act or Regulation. Amongst other things regulation can provide transfer of service of teacher from one recognized institution to another. Regulation 55 framed under the Act says that a permanent employee of an institution, other than minority institution, desiring his transfer to another institution may make an application for the purpose through the Head and Manager of the Institution to Inspector of Schools or the Regional Inspectress, as the case may be. Regulation 59 says that no person employed in a recognised institution shall be transferred from that institution to any other institution unless the committee of Management for each such institution, by means of a resolution, duly passed in that behalf, concur in such transfer and the permission in writing of the Inspector is obtained before giving effect to such transfer.;