S.K.SINGH, J. - (1.) THE challenge in this petition is the order dated 24.11.2001 [Annexure -6 to the writ petition) passed by the respondent No. 1 by which the transfer of the petitioner as Principal of Gopi Ram Paliwal inter College, Aligarh from Budhsen Prem Chandra inter College, Bulandshahr, has been cancelled.
(2.) THE petitioner happened to be a selected candidate for the post of Principal and in pursuance of his placement in Budhsen Prem Chandra inter College, Bulandshahr, the petitioner joined. It has been stated that the petitioner's functioning on that post, was satisfactory and after expiry of one -year probation period, he was confirmed as well. The dispute which is now before this Court is about the continuance of the petitioner as Principal in another college, namely, Gopi Ram Paliwal inter College. Aligarh thereinafter referred to as the college) where the petitioner came by transfer order dated 30.6.2001, which was the subject -matter of challenge of Writ Petition No. 27754 of 2001 flied by Mahendra Singh, ad -hoc Principal working in the college, who has joined in this petition as respondent No. 5. on the impleadment application filed by him. There remains no dispute about the fact that the post of Principal of college became vacant in the year, 1989 and requisition in that respect was sent to the commission. The aforesaid vacancy was duly advertised in the year 1995 -96 and on 14.8.1999 but nobody was selected/recommended for the aforesaid college. It appears that from time to time, the senior most lecturer in the college, namely, Sompal Sharma, Dhirendra Kumar Gautam, V. K. Paliwal and lastly Devendra Singh occupied the seat as ad -hoc Principal, who came in succession. The last incumbent, namely, Devendra Singh retired on 30.6.2001. It is before the retirement of Devendra Singh, application for transfer was moved by the petitioner on 14.2.2001 upon which the committee of management of the college on 18.2.2001 (Annexure -2 to the writ petition) appears to have passed a resolution accepting the petitioner to be transferred to the present college. In pursuance of the aforesaid process, the directorate by its order dated 30.6.2001 transferred the petitioner to the present college. The aforesaid order of transfer was challenged by Mahendra Singh before this Court as referred above. In the meantime, a complaint was also made by Mahendra Singh -respondent No. 5 on 17.8.2001 upon which the Additional Director of Education, Agra, directed the Joint Director of Education and other educational authorities to submit their reports. In the enquiry process, a notice was issued to the petitioner, upon which the petitioner submitted his reply on 8.9.2001 (Annexure -11 to the counter -affidavit of Mahendra Singh) On 19.9.2001, the District Inspector of Schools and thereafter on 27.9.2001. the Joint Director of Education submitted their respective reports. It is on a consideration of the reports which came before the Additional Director of Education (Secondary Education, Allahabad)/respondent No. 1. order dated 24.11.2001, subject -matter of challenge of this petition, was passed. Heard learned counsel for the petitioner, learned counsel who appeared on behalf of the management and learned counsel, who appeared on behalf of Mahendra Singh, who has been permitted to be Impleaded and the learned standing counsel appearing on behalf of State authorities.
(3.) LEARNED counsel for the petitioner submits that the order of respondent No. 1 is bad for want of affording of opportunity of hearing. It has been submitted that the impugned action being in violation of principle of natural justice, cannot be maintained. The averments in this respect are contained in paras 20 to 22 of the writ petition. It is further submitted that the reason as given in the impugned order that as the vacancy was notified to the commission, the petitioner's transfer to the college in question is bad, is untenable as irrespective of the notification of the vacancy, the post can be filled by transfer which has been held to be permissible by decisions of this Court. Learned counsel in this connection, has placed reliance on a decision in Narendra Kumar v. State of U. P. and others. 20O2 (1) ESC 214, and an unreported decision given in Writ Petition Wo. 12037 of 1996. Smt. Pushpa Sharma v. Director of Education and others.;