Aloke Chakrabartl, J. - (1.) This writ petition was filed challenging the transfer order dated 12.11.1997 at Annexure-1 to the writ petition whereby the petitioner had been transferred from Primary Pathshala Rabara, Bhatwari to Primary Paihshala Bhangali. district Uttar Kashi.
(2.) Learned counsel for the petitioner contended that the said impugned order is illegal in view of the provision of law prevailing which is not permit any transfer of the petitioner unless the petitioner gives her consent to such transfer. It is contended that the challenge of the petitioner in respect of the impugned order is a question of law. Therefore, the learned standing counsel appearing for the respondents also agreed to final disposal of the writ petition at this stage without filing counter-affidavit.
(3.) Learned counsel for the petitioner referred to various provisions of law, including the Rule 21 of U. P. Basic Education (Teachers) Service Rules. 1981 and contended that the said Rule 21 is the only provision relating to transfer of such teachers and therefore, there being no power of transfer provided either by statute or by relevant rule, the impugned order of transfer is not permissible. Learned counsel for the petitioner contended that the Government Order relied on by the respondents cannot provide the power of transfer when statute itself or Rules framed thereunder do not provide any such power to transfer teachers. Further contention has been made on behalf of the petitioner that even if power is provided the same is to be exercised by the District Basic Education Officer as he is the appointing authority under rules in respect of teachers and therefore the policy framed by the other authority providing for transfer of the petitioner is illegal.;