Surya Prakash Kesarwani, J. - (1.) Heard Sri R.K. Ojha, learned senior advocate, Sri Shailendra, Sri Indra Raj Singh, Sri Alok Kumar Yadav and other learned counsels for the petitioners, and, Sri Ajit Kumar Singh, learned Additional Advocate General assisted by Sri Mohanji Srivastava, learned counsel for the State-respondents and S/Sri A.K.Yadav, Suresh Kumar, B.P. Singh, Sanjay Kumar, Pravesh Dutt Tripathi, Virendra Chaubey, Sanjay Chaturvedi, Ashok Kr. Singh, Pankaj Kr. Tyagi, Vikram Bahadur Singh, R.P. Shukla, Satish Chandra Yadav, Akhilesh Chandra Srivastava, Manu Sharma, Amit Shukla, learned counsels representing the concerned Basic Education Officers and the U.P. Basic Education Board, Allahabad. FACTS OF THE CASE:-
(2.) Briefly stated facts of the cases are that the petitioners in this batch of writ petitions, are mainly female Assistant Teachers. Pursuant to the Provisions of Rule 21 of The Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as ''the Rules 1981'), Rule 8(2)(d) of The Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 (hereinafter referred to as ''the Rules 2008'), the State Government issued Government Order No.1078/79-5-2016-15 (149)/2010 dated 13.06.2017, Government Order No.1810/79-5-2017-15 (149)/2010 dated 20.09.2017, Government Order No.130/79-5-2018 dated 05.02.2018, declaring the Transfer Policy for inter-district Transfer of Assistant Teachers of Basic Schools run by the U.P. Basic Education Board (hereinafter referred to as ''the Board') which was followed by decision/ circular of the Board being No. cs0f'k0i0 /4252-54/2018-19, dated 10.06.2018 in terms of the Rules 21 of the Rules 1981, were issued. An uniform policy was adopted that no teachers shall be transferred from those districts where the vacancy of teachers is more than 15% and no teacher shall be transferred from eight aspirational districts identified by the Niti Ayog on the basis of backwardness of these districts in the areas of education, health, nutrition, agriculture etc. and the programme 'Transformation of Aspirational Districts' was launched by the Hon'ble Prime Minister. Out of 115 such extremely backward districts in the country, 08 Aspirational Districts, namely Siddharth Nagar, Shrawasti, Behraich, Sonbhadra, Chandauli, Fetehpur, Chitrakoot and Balrampur; were identified in the State of Uttar Pradesh.
(3.) For the purposes of inter-district Transfer of Assistant Teachers, a software based process has been adopted which does not involve human intervention. The applications for transfer were invited online. Merit list for transfer was prepared awarding marks to applicants, as under: JUDGEMENT_63_LAWS(ALL)8_2018_1.html JUDGEMENT_63_LAWS(ALL)8_2018_1.html;