Radhey Shyam Varshney vs Deputy Director of Education and Others

M. Katju, J.—The Petitioner is presently teaching in Vishara Intermediate College. Vishara, Aligarh which is a recognised institution. There is Anr. Intermediate College, namely, P.B.A.S. Intermediate College, Hathras, which is also a recognised institution. A permanent post of lecturer in Geography in P.B.A.S. Intermediate College fell vacant on retirement of Sheodan Singh, permanent lecturer of Geography in the year 1990. The Petitioner is permanent lecturer in Geography in Vishara Intermediate College, Vishara, Aligarh and is resident of Hathras. He has alleged in para 4 of the writ petition that he Is the lone son of his father who is more than 86 years old. I am informed that the father of the Petitioner has died subsequently but his mother is alone at Hathras and naturally the Petitioner wants to go to Hathras. He moved an application dated 07.01.92 to the District Inspector of Schools, Aligarh, copy of which is Annexure 1 to the writ petition for transferring him to P.B.A.S. Intermediate College, Hathrtis. The committee of managements of both the institutions has given their consent vided Annexures 2 and 4 to the petition. The District Inspector of Schools forwarded the Petitioner''^ application to the Deputy Director of Education but the Deputy Director of Education has refused the Petitioner''s transfer on the ground that it Is not a mutual transfer as prescribed in the notification dated 23.01.92, Annexure 6 to the writ petition. Aggrieved, this writ petition has been filed.

A counter-affidavit has been filed by both the Managers of both the institutions and they have supported the case of the Petitioner. In my opinion, the Deputy Director of Education has taken a hyper-technical interpretation of the Government Order Dated 23.01.92. In modern times, the literal interpretation is out of vogue and the correct Interpretation as held by the Supreme Court in Directorate of Enforcement Vs. Deepak Mahajan and another, , is purposive. In my opinion, the Government Order Dated 23.01.92 should not be interpreted literally and the purpose of the said Government order should be seen. Obviously, the purpose was that transfer should be permissible to teachers if no one concerned has objection. The expression ''mutual transfer'' should not be limited to a situation where there are two teachers wanting transfer. In my opinion, such expression should include a situation where both the committees of management are agreeable to transfer of a teacher at his request. In the circumstance, the impugned order of Deputy Director of Education dated 17/19.08.1994 is set aside and the Respondents are directed to transfer the Petitioner to P.B.A.S. Intermediate College, Hathras within a month of production of certified copy of this order before the District Inspector of Schools, Aligarh.

Writ Petition is allowed. No Order as to costs.