Sudhir Narain Agarwal, J. - (1.) THIS writ petition is directed against the order of transfer dated 30.6.1997 passed by the District Basic Education Officer, Agra, respondent No. 4. The petitioner was promoted to the post of Head Master on 1.7.1996 and was posted in Basic Primary Education School Nagla Boodhi, Agra. On 30.6.1997, respondent No. 4 passed an order transferring the petitioner from Nagla Boodhi to Moodh Ka Bagh No. 2. One Nawal Kishore was transferred from Moodh Ka Bagh No. 2 to Premnagar. One Smt. Veermati has been promoted to the post of Head Master and she has been directed to be posted at Nagla Boodhi.
(2.) SHRI Arun Prakash learned counsel for the petitioner contended that the order of transfer is not passed in accordance with the Rule 21 of U.P. Basic Education (Teachers) Service Rules, 1981, which reads as under: 21. Transfer. - -There shall be no transfer of any teacher from the rural local area to an urban local area or vice versa or from the urban local area to another of the same district or from local area of one district to that of another district except on the request or with the consent of the teacher himself and in either case with the approval of the Board. The learned counsel for the petitioner contended that the petitioner has been transferred from one urban local area to another urban local area in the same district and unless his consent is taken or order has been passed on his request relating to his transfer, he cannot be transferred.
(3.) 'Urban local area' has been defined in Rule 2(4) of the aforesaid Rules 1981, which reads as under: 2(r) "Urban local area" means the' area over which a Nagar Mahapalika Municipal Board, Town Area Committee, or Notified Area Committee exercises jurisdiction.;