सचिव महोदय द्वारा इसी याचिका का हवाला देते हुए अंतर्जनपदीय पारस्परिक स्थानान्तरण प्रक्रिया को रोका गया है जबकि यह याचिका पारस्परिक की है ही नहीं यह तो सामान्य अंतर्जनपदीय ट्रान्सफर की है….

Case :- WRIT – A No. – 10432 of 2023
Petitioner :- Tejaswi Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Narendra Kumar Chaturvedi
Counsel for Respondent :- C.S.C.,Archana Singh

Hon’ble Saurabh Shyam Shamshery,J.

1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, Advocate, Sri R.K. Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, Advocate, Sri Navin Kumar Sharma, Sri Subhash Chandra Tiwari and Sri Narendra Kumar Chaturvedi, learned counsel for petitioners, Sri V.K. Giri, learned A.A.G. for State and Ms. Archana Singh, learned counsel for respondent Nos.2 and 3.
2. The petitioners’ applications for second inter-district transfer were rejected/not considered during present prevailing Transfer Policy 2023-24, apparently on ground that second application for such prayer was not permitted.
3. Learned counsel for petitioners submit that such issue has been travelled up to the Supreme Court wherein it was held that such second application was maintainable, though a review application at behest of State is pending before the Supreme Court.
4. Learned counsel further submit that on earlier date, State has come up with a case that they will take instructions whether prayer of petitioners could be considered during new academic session, as in terms of Clause 18 of Prevailing Transfer Policy, transfers during mid educational session are not permitted.
5. Learned A.A.G. for State submits that if there is no legal impediment, a second application for inter-district transfer will be considered during new educational session i.e. 2024-25, in accordance with law.
6. In the aforesaid circumstances, these writ petitions are disposed of with observation and direction that in case, there is no legal impediment, a second application for inter-district transfer if filed by petitioners at commencement of new session, the same will be considered in accordance with law and shall not be rejected only on ground that it being a second transfer application, expeditiously, within a period of three weeks after such application is filed.

Order Date :- 8.1.2024/P. Pandey