Don’t Pass Orders Highlighting Incompetence: Allahabad HC Pulls Up District Inspector Who Rejected Teacher's Transfer Application Citing Headmaster's Busy Schedule
The Allahabad High Court expressed its displeasure against a District Inspector of Schools who declined to entertain a teacher's transfer application on the ground that the Headmaster of the institution was busy doing administrative work.
The Bench observed that such officers should not pass orders which highlight their “incompetence.”
A Single Bench of 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.”
Advocate Rohit Pandey appeared for the petitioner.
The petitioner had challenged the rejection of his transfer application by the District Inspector of Schools. The petitioner had applied for a transfer to a Government High School. However, despite fulfilling all mandatory requirements, including the presence of a Headmaster and more than two Assistant Teachers in the institution, his online application was not entertained by the District Inspector of Schools on the grounds that the Headmaster was busy.
The petitioner argued that Clause 14 of the online policy for the transfer of Assistant Teachers in Government institutions stipulated that in those institutions where there is a Headmaster or an Officiating Headmaster along with more than two Assistant Teachers in a junior High School, the transfer application had to be made online, which had to be accorded consideration by the District Inspector of Schools.
The High Court noted that the petitioner was non-suited on the ground that the Headmaster of the High School was busy with the work of the District Inspector of Schools at his office and often accompanied the District Magistrate and Additional District Magistrate for administrative work.
The Bench remarked, “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.”
Consequently, the Court quashed the order passed by the District Inspector and directed, “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 this order.”
Accordingly, the High Court allowed the petition.
Cause Title: Anuj Kumar Agarwal v. State Of UP & Ors. (Neutral Citation: 2024:KHC-K:6007)
