Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2005: r.6 Uttar Pradesh Aided College Transfer of Teachers Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | · Uttar Pradesh Aided College Transfer of Teachers Rules, 2005: r.6 - Routing the application through management is requirement under the rules, however its non-compliance would not make application invalid - NOC issued to the writ petitioner by both the colleges was earlier in point of time than that of NOC granted to appellant - High ·court held that Manager of the College could not have issued second NOC against the same vacancy in favour of appellant and NOC issued to writ petitioner was in order - The finding on facts by the High Court not perverse.Appellant and respondent No. 5 both wanted to be transferred to D.A.V. Post Graduate College, Lucknow where a post of reader fell vacant. The State Government accorded permission for transfer of appellant. Respondent No. 5 filed writ petition before High Court, which was allowed Hence these appeals. It was contended for appellant that the Committee of Management of D.A.V. Post Graduate College had passed the first resolution in favour of appellant on 04.04.2005 and in pursuance thereof, No Objection Certificate was issued to the appellant on 03.05.2005 for his transfer to DAV College and, therefore, the State Govt. was justified in granting permission for transfer and that the application filed by the respondent No.5 was ir.valid and nonest in law, since the same was sent directly to the Director of Education; that under the Uttar Pradesh Aided College Transfer of Teachers Rules, 2005, the transfer application for single transfer from one College to the other requires to be submitted to the Director of Education, (Higher Education) through the Management constituted and approved by the University along with the written consent of both the Management and since the application submitted by the contesting respondent was contrary to the statutory rules, the same is invalid and contrary to the rules; and that when the Rules prescribe a particular procedure to be followed for submitting the application for single transfer, the same requires to be followed and any deviation would disentitle claim under the Rules. |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2009 INSC 558 |
Petitioner | Dr. Ram Deen Maurya |
Respondent | State Of U.p. & Ors. |
SCR | [2009] 6 S.C.R. 703 |
Judgement Date | 2009-04-17 |
Case Number | 2625 |
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