Mahesh Chandra Tripathi, J. - (1.) Heard Shri Ashok Khare, Senior Advocate assisted by Shri Shiv Poojan Yadav appearing for the petitioner and Shri Vivek Rai, learned Additional Chief Standing Counsel for the State respondent nos.1 to 3. Shri S.K. Pundir appears for the fourth respondent.
(2.) Parmesh Kumar is before this Court assailing the order dated 12.10.2017 issued by the Manager, Adarsh Inter College, Bargaon, District Saharanpur and the order dated 12.12.2017 passed by the District Inspector of Schools, Shahjahanpur and for suitable direction restraining the respondents from interfering in his functioning as Assistant Teacher in L.T. Grade in the institution and to pay his regular salary on the said post.
(3.) Record in question reflects that Adarsh Inter College, Bargaon, District Saharanpur (in short, the institution) is a recognized and aided Intermediate College. The institution is governed by the provisions of U.P. Intermediate Education Act, 1921, U.P. Act No.5 of 1982 and U.P. Act No.24 of 1971. The U.P. Secondary Education Services Selection Board issued an Advertisement No.1 of 2009 inviting applications for filling up several categories of teaching posts including the post of Assistant Teacher in L.T. Grade for Art subject. In response to the aforesaid advertisement, the petitioner being qualified and eligible also applied for and was selected for appointment on the said post in Lagsama Inter College, Gonda, District Aligarh on 13.12.2010. Consequently, he joined the said institution on 1.1.2011. While working in the aforesaid institution the petitioner applied before the Additional Director of Education (Secondary) seeking his transfer to Adarsh Inter College, Bargaon, District Saharanpur. By the order dated 21.1.2014 the Additional Director of Education (Secondary) transferred the petitioner to the said institution.;