- (1.) D.A.V. Post Graduate College, Lucknow (hereinafter called as the D.A.V. College) is affiliated to Lucknow University Lucknow. The provisions of the State Universities Act, 1973 as well as those of U.P. Higher Education Services Commission Act, 1980 (hereinafter called as Act, 1980) are fully applicable to the teachers of the said college. A vacancy on the post of Lecturer Economics was caused on substantive basis in the college due to retirement of one Dr. Ram Autar Singh on 30th June, 2002.
(2.) Under U.P. Ordinance No. 14 of 2004, Section 12 of the Act, 1980 was amended and a provision for transfer of the teachers from one aided degree college to another aided college, college, on fulfillment of the conditions mentioned, was provided for. For the purposes of regulating the said transfer, the Governor of the State was pleased to notify the Uttar Pradesh Aided Colleges Transfer of Teachers Rules, 2005 (hereinafter called as the Transfer Rules, 2005) published in the gazette on 09th April, 2005. Rules 4 and 5 provide for conditions and procedure to be adopted qua transfer of a Lecturer from one college to another, be it a single transfer or mutual transfer.
(3.) The dispute in the present writ petition is between two teachers namely the petitioner and respondent No. 5, both claiming a right of transfer against the vacancy of Lecturer Economics in the College. The parties are at variance qua no objection certificate granted by the Manager of the College in favour of both of them. The order issued by the State Government approving the transfer of respondent No. 5 is under challenge. The facts relevant for adjudicating upon the said dispute are as follows: The petitioner, who is working as Lecturer in Prayag Mahila Vidyapeeth Degree College, Allahabad (hereinafter called as the Prayag Mahil Vidyapeeth), made an application in terms of Ordinance No. 14 of 2004 before the management of Prayag Mahila Vidyapeeth on 24th November, 2004 for a no objection being granted to her transfer to D.A.V. College. A resolution in that regard was passed by the Committee of Management of the Prayag Mahila Vidyapeeth on 26.11.2004. A similar application was made by the petitioner before the management of D.A.V. College. According to the petitioner resolution dated 04.04.2005 was passed by the Committee of Management of the D.A.V. College expressing its no objection to the transfer of the petitioner to the College. As a consequent thereto a no objection certificate was issued by the Manager of the College in favour of the petitioner on 28.04.2005. After obtaining the no objection certificate, the petitioner submitted an application through her parent institution namely Prayag Mahila Vidyapeeth in accordance with the provisions of the Transfer Rules, 2005 to the Director of Education (Higher Education). While the papers qua the petitioner were pending before the Director, respondent No. 5, who was working in A.P.N. Post Graduate College Basti (hereinafter called as the A.P.N. College), made an application for being transferred against the same vacancy n D.A.V. College. This application of respondent No. 5 was also supported by two no objection certificates issued by the Manager of A.P.N. College dated 30th May, 2005 as well as that issued by the Manager of D.A.V. College dated 3rd May, 2005. It is apparent from the records that this application was received in the office of the Director of Education subsequent to the application of the petitioner. The Director by means of his recommendation dated 11th July, 2005 addressed to the State Government, refused to recommend the transfer of respondent No. 5 on the post of Lecturer Economics in D.A.V. College on a specific note recorded therein that since recommendation for transfer of the petitioner has already been made by the Directorate on 17th June, 2005 against the vacancy in D.A.V. College, there was no occasion for any second recommendation being made against the same vacancy in favour of respondent No. 5.;