Anjanl Kumar, J. - (1.) The petitioner is working as Assistant Teacher in a recognised senior basic school, namely, Shri Narain Das Vidya Mandir, Rajpurajat, Mathura, which is a recognised institution within the meaning of U. P. Basic Education Act and is also governed by the provisions of U. P. Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978.
(2.) The facts giving rise to the filing of the present writ petition are that a vacancy of assistant teacher was advertised in Sant Sunder Das Junior High School, Bhairo, Belanganj, Agra, which is also a recognised institution within the meaning of U. P. Basic Education Act and U. P. Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978, also applies to this institution.
(3.) Rule 18 of the Uttar Pradesh Recognised Basic Schools (Junior High Schools). (Recruitment and Conditions of Service of Teachers) Rules, 1978, provides for transfer of teachers from one recognised institution to another institution which is reproduced below : "18. Transfer.-- (1) A permanent Headmaster or assistant teacher of a recognised school may, on application in this behalf, be transferred to another recognised school in which he may be lawfully employed under these rules, (2) Such application shall be given by the Headmaster or assistant teacher, as the case may be, to the District Basic Education Officer through the Manager of the school from which the teacher is sought. (3) The Manager shall along with the application for transfer, forward copies of service-book and character roll of such Headmaster or assistant teacher, as the case may be, to the District Basic Education Officer. (4) No transfer shall take effect unless it is agreed to by the managements of the concerned recognised schools and is approved under Clause (5). (5) The approval for the transfer of a Headmaster or Assistant Teacher of a recognised school shall be accorded by : (i) The District Basic Education Officer in case of transfer from one school to another school within the district ; (ii) The Regional Deputy Director of Education in case of transfer from one school to another school situated in different districts but within the same division ; (iii) Secretary of the Board, in case of transfer from one school to another school situated in different divisions.";