A.P.SAHI,J. - (1.) HEARD Sri R.K. Srivastava, learned counsel for the petitioner and Sri Ghanshyam Maurya, learned counsel for the respondent, Basic Shiksha Parishad.
(2.) THE prayer made in this writ petition is for quashing of the order dated 26th October, 2009, Annexure No. 15 to the writ petition whereby the request of transfer of the petitioner has been refused by the Secretary, Basic Shiksha Parishad. A further relief has been claimed for declaring Rule 8 of U.P. Basic Education Teachers Posting Rules, 2008 as ultra vires the provisions of Article 15 (3) of the Constitution of India. As a consequential relief it has also been prayed that the petitioner should be posted in the District of Maharajganj keeping in view the fact that petitioner is now married and living with her husband. The facts in detail are that the petitioner was according to her merit list appointed as a teacher under the U.P. Basic Education Services Rules, 1981 in the District of Jalaun. The petitioner at the time of her employment was unmarried and she accordingly joined the institution. The petitioner was married on 14.11.2008 to one Sri Vinay Shanker who is stated to be a businessman and resident of district Maharajganj. The petitioner after her marriage moved a request for her transfer to the district of Maharajganj which was not being considered as a result whereof she filed Writ Petition No. 46172 of 2009 which was disposed of on 1st September, 2009 directing the Secretary, Basic Shiksha Parishad to pass an appropriate order. The said request upon rejection has led to the filing to the present writ petition for the reliefs as claimed herein above.
(3.) SRI Srivastava, has contended that the rules relating to posting and transfer under which the petitioner has been denied her request are ultra vires the provisions of Article 15(3) of the Constitution of India as it is discriminatory and operative against women in general.;