Keywords: Bulandshahr, district basic education, secretary, Delhi Police, education board
The Allahabad High Court ruled that because the petitioner teacher’s husband is a central officer in the Delhi Police, the District Basic Education Officer Bulandshahr has no right to contest the decision of BSA Amethi and Secretary Basic Education Council Prayagraj to award her ten marks and transfer from Amethi to Bulandshahr.
Justice Manjive Shukla presided over a single bench that heard Archana Taliyan’s plea.
According to the petitioner’s attorney, the petitioner requested a transfer from the district of Amethi to the district of Bulandshahr.
The petitioner stated that her husband is employed by the Delhi Police in her appeal to the District Basic Education Officer in Amethi.
The District Basic Education Officer in Amethi has given the petitioner 10 marks for the reason that her spouse is employed by the Delhi Police, a department of the Indian government, based on disclosures made in the petitioner’s application.
After the petitioner’s application was duly delivered to the Secretary of the Basic Education Board in Prayagraj, where the matter was carefully examined, a transfer order was ultimately passed, transferring the petitioner from the district of Amethi to the district of Bulandshahr.
When the petitioner approached the District Basic Education Officer of Bulandshahr about joining in the said district, the District Basic Education Officer of Bulandshahr issued an order on July 15, 2023, refusing to permit the petitioner to do so. Additionally, he recorded a finding that the District Basic Education Officer of Amethi committed misconduct by awarding the petitioner ten marks because her spouse works for the Delhi Police.
“Prima facie, I find that the District Basic Education Officer, Bulandshahr does not have any jurisdiction to make any comment on the actions done by District Basic Education Officer, Amethi as well as Secretary, UP Basic Education Board, Prayagraj.
The Court has also come across various cases in which ten marks have been granted to teachers in respect of inter district transfers for the reason that their spouses are working with the Delhi Police.
In the aforesaid circumstances, prima facie order of the District Basic Education Officer, Bulandshahr dated 15.07.2023 is not sustainable in the eyes of law”, the Court observed.
“Till further orders of the Court operation and enforcement of order/ letter dated 15.07.2023 shall remain stayed.
On the next date of listing District Basic Education Officer, Bulandshahr is directed to file his personal affidavit to explain as to under what authority of law he has passed an order dated 15.07.2023″, the Court ordered.
The court set August 16, 2023 as the date for the petition’s subsequent hearing.
Written By: Sakshi Sinha, College: KIIT School of Law, Semester: 6th an intern under Legal Vidhiya
0 Comments