- (1.) S. R. Singh, J. The petitioner a permanent lecturer to Rajendra Prasad Inter College, Meerganj, Bareilly-applied for his transfer, by means of an application dated 12-3-1991 addressed to the District Inspector of Schools, Bareilly, to a minority institution known as Fazlur Rahman Islamia Inter College, Bareilly. The managements of both the institutions, it is alleged, passed resolutions in support of the petitioner's claim for transfer. The matter, it is further alleged, is lying with the District Inspector of Schools who has failed to take any decision on the application of the petitioner even though, at the relevant time, he was the appropriate authority to take the decision in the matter under Regulation 55 of Chapter 111 of the Regulations made under the U. P. Intermediate Education Act, 1921 as it stood prior to its substitution by means of Notification dated 23-1-1992.
(2.) THE stand taken in the counter affidavit is that regulations governing transfer of a teacher from one institution to another do not apply to a minority institution. I have heard Sri O. K. Singh, learned counsel for the petitioner and Sri Pushpendra Singh, Standing Counsel for the respondents. The argu ment of Sri G. K. Singh is that what is inhibited under Regulation 55 of Chapter 111 of the Regulations made under the U. P. Intermediate Education Act is the transfer of a teacher employed in a minority institution and note vice versa for that, proceeds the submission, would not in any (six) manner frustrate the object and purpose of the U. P. Secondary Education Services Commission Act, 1982. In order to appreciate the question involved in the case, the relevant Regulation 55 as it stood before its substitution by means of Notification dated 23-1-1992 may usefully be quoted as below :-
(3.) HAVING given my anxious consideration to the submission made at the Bar, I am of the view that the submission made by Sri G. K. Singh no doubt reflects a plausible view point on the construction of Regulation 55 as it stood prior to its substitution by Notification dated 23-1-1992 and could have been reasonably accepted but it cannot be countenanced in the context of the regulation as it stands substituted by the notification aforastated which permits only a mutual transfer. Therefore, under the substituted regulation both the institutions should, of necessity, be non-minority ones for a transfer of a teacher employed in minority institution to a non-minority institution is impermissible even according to the learned counsel appearing for the petitioners. The District Inspector of Schools cannot be directed to permit the transfer prayed for with retrospective effect as that is impermissible under the Scheme of the Regulations. True, the petitioner's transfer to a minority institution in the year 1991 could have been allowed by the District Inspector of Schools on the fulfilment of other conditions as ho requests for transfer was not liable to be turned out merely on the ground that he was seeking transfer to a minority institution but no writ can now issue to the District Inspector of Schools to allow the petitioner's transfer for under the substituted regulation, the District Inspector of Schools has ceased to have the power to allow transfer as the power to permit transfer of teacher from one institution to another is now vested in the Regional Deputy Director "of Education and it shall be an exer cise in futility to direct the Regional Deputy Director of Education to take a decision on the petitioner's application for transfer in that his transfer to a minority institution has now become impermissible as discussed hereinbefore. The transfer application has, therefore, become redundant and writ petition infructuous due to change of law.;