J.N. Dubey, J. - (1.) This writ petition is directed against the Order dated 02 -06 -1984 of the District Inspector of schools, Muzaffarnagar refusing to accord his approval to the proposed transfer of the Petitioner from Junta Jana Dan Intermediate College, Baser to Kayaker Intermediate College, Bacharach, district Muzaffarnagar , Under Regulation 55 of Chapter III of the regulations, framed under the U.P. Intermediate Education Act.
(2.) It appears that the Petitioner Marsh Kumar who is a permanent Principal of the Junta Jana Dan Intermediate College moved an application to the Manager of the College on 10th May, 1985 for transferring him to Kalyan -kari Intermediate College, Bacharach in place of the opposite party No. 2 Marine Varma. The Committee of Management of the College considered the matter in its meeting held on 17 -05 -1984 and accorded its approval to the transfer. Meanwhile on 14 -05 -1984 the opposite party No. 2 also moved a similar application to the Manager of his College for transferring him to Junta Jana Dan Intermediate College in place of the Petitioner. The Committee of Management of Kayaker Intermediate College also accorded its approval to tire transfer on 16 -05 -1985. The Manager of the Kayaker Intermediate College forwarded the proposal for mutual transfer of the Petitioner and the opposite party No. 2 to the District Inspector of Schools on 18 -05 -1984 for his approval Under Regulation No. 55. The District Inspector of Schools, however, refused to accord his approval to the proposed transfer on 02 -06 -1984 on the ground that the transfers Under Regulation 55 have been banned by the Director of education. U.P. after the commencement of the U.P. Secondary education Services Commission and Selection Boards Act (hereinafter referred to as the Commission Act) Feeling aggrieved, the Petitioner has approached this Court Under Article 226 oi the Constitution.
(3.) We have heard the learned Counsel for the parties and have perused the record.;