- (1.) RAKESH Tiwari, J. Heard counsel for parties and perused the record.
(2.) COUNSEL for the petitioner states that the petitioner was appointed as Assistant Teacher in L. T. grade under Section 18-B of the U. P. Secondary Education Services Selection Board Act, 1982. The appointment was duly approved by the District Inspector of Schools, Aligarh. She joined her duties on 1- 7-1992 in S. R. Inter College, Aligarh that is run and managed by the Zila Panchayat, Aligarh. The college is on the grant in aid list of the State Government and provisions of Intermediate Education Act, 1921 and Regulation Framed there under is applicable to it. It is submitted that she has been continuously working as Assistant Teacher in the college and Regulation have been framed to regular the transfer of employees including teachers. The counsel for the petitioner contends that the committee of management of an institution has no jurisdiction or power to transfer a teacher from on institution to another institution and that the Deputy Director of Education alone has jurisdiction to pass such order. The impugned transfer order dated 23-4- 1997 issued by the Chairman, Zila Panchayat, Aligarh issued transfer order dated 23-4-1997 transferring the petitioner from S. R. Inter College, Chharra, Aligarh to Shri Laxmiraj Inter College, Gabhana, Aligarh. Accordingly the principal of S. R. Inter College, Chharra, Aligarh issued letter dated 30-4-1997 to the effect that petitioner is being relieved with immediate effect and she should report her joining to the principal, Shri Laxmiraj Inter College, Gabhana, Aligarh. It is further stated that apart from Regulations 55 to 61 there are no other regulation regulating/governing the transfer of the teacher from one institution to another institution and in view of the provisions contained in aforesaid regulations, the petitioner could not have been transferred from S. R. Inter College, Chharra, Aligarh to Shri Laxmiraj Inter College, Gabhana, Aligarh. Even Deputy Director of Education has jurisdiction to transfer the teachers only on their mutual request. It is further submitted that the petitioner had not made any request either to the Chairman, Zila Panchayat Aligarh or District Inspector of School, Aligarh or Deputy Director of Education for her transfer and also had not sought mutual transfer with any teacher of Shri Laxmiraj Inter College, Gabhana, Aligarh.
(3.) AT the time of admission, while entertaining the writ petition, the Hon'ble Court passed the following order on 19-5-1997: "the matter was heard on 15-5-1997 and 16-5-1997 in presence of the learned counsel for the petitioner as also learned standing counsel, appearing for the first two respondents. Let the 3rd and 4th respondents be also noticed personally as well as through registered post. All the respondents are to come up with their counter-affidavit within six weeks. Rejoinder affidavit within a week thereafter and the matter be listed on 28-7-1997. " On the question of an interim order of stay of the transfer orders as per Annexure Nos. 3 and 4 of the writ petition it was contended that rules in this regard speak of mutual transfer only and that too through a procedure indicated in the Rules 55 and onwards of Chapter 3. There being no provisions for transfer beyond these rules, the transfer orders could not be sustained. It appears that the same administration runs the two institutions within which the transfers have been directed. It is true that Rules 55 onwards do not speak of any other transfer then mutual ones, but there is nothing in the rule to bar a transfer.;