- (1.) RAJESH Kumar, J. By means of the present writ petition, the peti tioner is challenging the transfer order dated 22. 7. 2008 passed by the Additional Director of Education (Secondary), U. P. , Allahabad by which Dr. Ajai Pal Singh has been transferred from CPKU Inter College, Moosa Nagar, Kanpur Dehat to Gangadeen Gaurishankar Inter College, Kanpur Nagar.
(2.) THE petitioner claims to be senior most lecturer in Gangadeen Gaurishankar Inter College, Kanpur Nagar an institution duly recognized under the U. P. Inter mediate Educationact, 1921 and it was governed under U. P. Act No. 24of 1971, Act No. 5 of 1982 and the Rules framed there under. On the retirement of Harish Narain Bajpai on 30. 6. 2006, who was the officiating principal of the college, Sri Jagat Narain Dwivedi took the charge of the college as officiating principal and continued upto February, 2007 and thereafter w. e. f. 8th February, 2007, the peti tioner became the officiating principal of the college. Learned Counsel for the petitioner submitted that by the transfer and appointment of Dr. Ajai Pal Singh as principal of the college the right of the petitioner has been infringed. Sri Arun Kumar Singh and Sri R. C. Singh, learned counsel appearing on behalf of Dr. Ajai Pal Singh and learned Standing Counsel appears on behalf of other respondents submitted that Dr. Ajai Pal Singh was selected by the U. P. Secondary Education Services Selection Board and was appointed as a principal in CPKU Inter College, Moosa Nagar, Kanpur Dehat and was working as Principal in the said college. As the post of the principal of Gangadeen Gaurishankar Inter College, Kanpur Nagar was vacant, he applied for the transfer and his transfer has been recommended by the Committee of Managements of CPKU Inter College, Moosa Nagar, Kanpur Dehat as well as Gangadeen Gaurishankar Inter College, Kanpur Nagar and accordingly, he has been transferred. Necessary papers in this regard has been produced before this Court. He further submitted that Dr. Ajai Pal Singh has given the charge as principal of CPKU Inter College, Moosa Nagar, Kanpur Dehat on 23. 7. 2008 and has taken over charge as principal of Gangadeen Gaurishankar Inter College, Kanpur Nagar on 24. 7. 2008. The signatures of Dr. Ajai Pal Singh has been attested by Prabandh Sanchalak of the college and also by the District Inspector of Schools on 24. 7. 2008. Papers in this regard has also been produced before this Court. He further submitted that the petitioner was simply officiating on the post of principal in the absence of any permanent princi pal. Therefore, he has no right to challenge the transfer order inasmuch as he cannot claim his continuity to officiate as principal in the college after the appoint ment of permanent principal. Having heard the learned counsel for the parties, I have perused the rel evant papers.
(3.) ADMITTEDLY, the petitioner was officiating as a principal in the college. He is not the regular principal and was acting as an officiating principal in the absence of the appointment of any permanent principal. Dr. Ajai Pal Singh was appointed principal by way of selection by the Board and was regular principal in the CPKU Inter College, Moosa Nagar, Kanpur Dehat and had a right to claim for the trans fer. His transfer has been made against the vacancy existed in Gangadeen Gaurishankar Inter College Kanpur Nagar on the recommendation of the Commit tee of Management of both the colleges. Therefore the transfer of Dr. Ajai Pal Singh cannot be said to be illegal by any means. Moreover, the petitioner being an officiating principal cannot challenge the transfer of a permanent principal and cannot claim to be retained in the college as officiating principal. The decision cited by the learned counsel for the petitioner of this Court in the case of Asha Singh v. State of U. P. and others, 2007 (5) ADJ 552 is not applicable to the present case as the facts of that case was entirely different. In that case, in pursuance of the advertisement published by the U. P. Secondary Education Services Selection Board, Allahabad for the appointment as L. T. Grade Teacher in the subject of Physical Education. The petitioner applied and was successful in the written examination and was, therefore, invited for participation in the interview on 15. 5. 2006. The petitioner was selected for the post of L. T. Grade Teacher in Physical Education and empaneled against the vacancy which was available in Indian Girls Inter College Allahabad. On these facts, the peti tioner challenged the transfer on the ground that once the vacancy was adver tised on a requisition made by the Committee of Management by the U. P. Sec ondary Education Services Selection Board, Allahabad, the Committee of Man agement looses its discretion to resort to mode of appointment by way of transfer and then it is only by direct recruitment on the recommendation of the U. P. Sec ondary Education Services Selection Board, Allahabad that any appointment against the vacancy advertised can be made.;