The Allahabad High Court has directed the State Government and U.P. Basic Shiksha Parishad to file a Counter Affidavit in a petition challenging Rule 8 (2) (a) and Rule 8 (2) (d) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules 2008 after hearing Sri Akhilesh Tripathi counsel for the petitioners.
The services of the Asst. teachers in Uttar Pradesh are governed by Uttar Pradesh Basic Education (Teachers) Service Rules, 1981. Rule 21 of the Rule 1981 provides for the transfer of the Assistant teachers. However, State Government has framed Uttar Pradesh Basic Education (Teachers) (Posting) Rules 2008. Rule 8 of the Rules 2008 provides for the posting of the assistant teachers with a rider that the newly appointed male teachers shall be compulsorily posted in backward areas for a period of atleast five years before applying for transfer.
The petitioners have contended that the Rule 8 (2) (a) and Rule 8 (2) (d) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules 2008 is ultra vires to Rule 21 of the Service Rules 1981 and Article 15 of the Constitution of India.
The Hon’ble Court has directed the matter to be listed after four weeks.