Officers Should Not Pass Such Orders Which Highlight Their Incompetence: Allahabad High Court

The Allahabad High Court has expressed displeasure at the decision of the District Inspector of Schools rejecting the transfer application of an Assistant Teacher despite meeting the criteria for transfer. The application was rejected on grounds that the Headmaster was busy in official work of the DIOS and District Magistrate.

Justice Rohit Ranjan Agarwal observed, “this Court records displeasure against the officer concerned for not entertaining the application despite the criteria laid down by the State Government has been fulfilled and the application has been returned on the ground that the Headmaster is busy in the official work of District Inspector of Schools and District Magistrate. This Court would like to further record that the officer concerned should not pass such orders which highlights his incompetence.”

Petitioner, an Assistant Teacher, applied for transfer from Government High School Shamli to Meerut. However, the DIOS rejected the application stating that there were only two Assistant Teachers in the institution and the Headmaster was usually away on administrative duty.

Challenging the rejection order, counsel for petitioner argued that Clause 14 of the online policy for transfer of Assistant Teachers in the Government institution provides that when more than 2 Assistant Teachers along with the Headmaster are present in an institution then an application can be made online and the DIOS ought to consider the same.

The Court held that the fact that the Headmaster was busy with administrative work of the DIOS and District Magistrate was not a valid ground for rejecting the transfer application of the petitioner. It was held that the petitioner's application ought to be considered by the authorities.

Accordingly, the writ petition was allowed stating its displeasure towards the action of the DIOS in rejecting the application of the petitioner.

Case Title: Anuj Kumar Agarwal vs. State Of Up And 4 Others 2024 LiveLaw (AB) 535 [WRIT - A No. - 11572 of 2024]

Case Citation: 2024 LiveLaw (AB) 535

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