- (1.) M. Katju, J. The petitioner is presently teaching in Vishara Inter mediate College Visbara, Aligarh which is a recognised institution. There is another Intermediate College namely, P. B. A. S. Intermediate College, Hathras, which is also a recognised institution. A permanent post of Lecturer in Geography in P. B. A S. Intermediate College fell vacant on retirement of Sheodan Singh permanent Lecturer of Geography in the year 1990. The petitioner is pennant Lecture in Geography in Vishara Intermediate College, Vishara, Aligarh and is resident of Hathras. He hag alleged in para 4 of the petition that he is the lone son of his father who is more than 86 years old. I am informed that the father of the petitioner has dead subsequently but hit mother is alone at Hathras and naturally the petitioner wants to go to Hathras. He moved an application dated 7-1-1992 to the District Inspector of Schools, Aligarh copy of what is Annexure 1 to the writ petition for transfering him to P. B. A. S. Intermediate College, Hathras. The Committee of Managements of both the institutions have given their consent vide Annexures 2 and 4 to the petition. The District Inspector of Schools forward ed the petitioner's application to the Deputy Director of Education but the Deputy Director of Education has refused the petitioner's transfer on the ground that it is not a mutual transfer as prescribed in the notification dated 23-1-1992, Annexure 6 to the writ petition. Aggrieved this writ petition has been filed.
(2.) A counter affidavit has been filed by both the Managers of both the institutions and they have supported the case of the petitioner. In my opinion the Deputy Director of Education has taken a hyper technical inter pretation of the Government order dated 23-1-1992. In modern times the literal interpretation is out of vague and the correct interpretation as held by the Supreme Court in Directorate of Enforcement v. Deepak Mahajan, 1994 (3) SCC 440 is purposive. In my opinion the Government order dated 23-1-1992 should not be interpreted literally and the purpose of the said Government order should be seen. Obviously the purpose was that transfer should be permissible to teachers if no one concerned has objection. The expression mutual transfer should not be limited to a situation where there are two my opinion such expression should include a Committee of Management are agreeable to request. In the circumstances the impugned teachers wanting transfer, situation where both of transfer of a teacher at In the his order of Deputy Director of Education dated 17/19-8-1994 is set aside 'and the respondents are directed to transfer the petitioner to P. B. A. S. Intermediate College, Hathras within a month of production of certified copy of this order before the District Inspector of School, Aligarh. No order as to costs. Petition allowed. Writ Petition is allowed. .;