The Allahabad High Court has allowed a petition filed challenging the order passed by District Inspector of Schools, declining to entertain the online application of the petitioner for transfer on the ground that there are only two Assistant Teachers in the institution in question and the Headmaster of the institution is busy with the work of District Inspector of Schools and is often accompanying District Magistrate and Additional District Magistrate for doing the administrative work.
A Single Bench of Justice Rohit Ranjan Agarwal passed this order while hearing a petition filed by Anuj Kumar Agarwal.
Counsel for the petitioner submitted that Clause 14 of online policy for transfer of Assistant Teachers in the Government institution clearly stipulates that in those institutions where there is a Headmaster or a Officiating Headmaster along with more than two Assistant Teachers in a junior High School, the application for transfer has to be made online, which has to be accorded consideration by the District Inspector of Schools.
The petitioner is an Assistant Teacher in the Government High School, Pawati Kalan, Shamli and wants transfer to Government High School, Meerut. He had made an application online which was refused to be entertained by District Inspector of Schools/respondent No 4 on an absurd ground.
The Standing Counsel has opposed the petition but had admitted the fact that Clause 14 of the direction provides that in High School, the institution must have a Headmaster along with more than two Assistant Teachers for consideration of online application of transfer.
“Having heard counsel for the parties and on perusal of material on record, I find that the petitioner has been non-suited on the ground that Headmaster of the High School is busy with the work of District Inspector of Schools at his office and often accompanies the District Magistrate and Additional District Magistrate for administrative work.
From perusal of the order it is clear that there is clear admission on the part of District Inspector of Schools that necessary requirement as per Clause 14 is made out but the application online was not considered only on the pretext that the Headmaster of the institution is busy with the work of District Inspector of Schools and the District Magistrate. This cannot be the ground for non entertaining the online application of the petitioner. The guidelines are very clear to the extent that the application online to be considered in case there is Headmaster and more than two Assistant Teachers. The petitioner fulfils the mandatory requirement and his application needs consideration by the authorities”, the Court observed while allowing the petition.
“The order passed by respondent No 4 dated 24.06.2024 is hereby quashed. The matter is remitted back to him for fresh consideration. The District Inspector of Schools, Shamli is hereby directed to accord fresh consideration in view of guidelines issued by State Government specially Clause 14, within two weeks from the date of production of a certified copy of the order”, the order reads.
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