The High Court said that after sending a requisition to fill the vacant posts of Principal to the Uttar Pradesh Secondary Education Service Selection Board, those posts cannot be filled by transfer. The vacancies for the post of Principal can be filled only by the Board or Commission. The court has given this order on two petitions challenging the transfer orders.
Rajeev Kumar and Harisharan of Etah had filed petitions challenging the filling of the post of Principal by transfer in their institute. The petitioner was the senior most teacher in the institute and was working as the acting Principal. The petitioners’ argument was that the Board had already been notified for recruitment to the post of Principal in their institution. In such a situation, the posts cannot be filled through transfer. Rajeev Kumar was working as the acting Principal of Late Gaya Prasad Verma Memorial Krishak Inter College since 2019. Whereas, Hari Sharan was working as the acting Principal of Sarvodaya Inter College, Nazirpur, District Etah since 2015. In both cases the vacancies were notified to the board in 2019. Justice Rohit Ranjan Aggarwal cited the decisions of the full bench in Prashant Kumar Katiyar vs State of UP and the division bench decisions in Hari Pal Singh vs State of UP. The Court set aside the transfer order dated June 28, 2024, in both the cases.
High Court has no right to condone delay in filing election petition
Allahabad High Court has said in an important decision that the time limit for election petition filed under Section 81 of the Representation of the People Act is fixed at 45 days. The court will reject the petition if this section is not followed. The court said, the statute of limitations does not apply to election petitions filed under this law. The court has no power to condone the delay in filing the petition. The High Court hearing election petitions is not a constitutional court. He does not have inherent powers for this. He will give the decision under the provisions of the Representation of the People Act. Justice Samit Gopal has given this order on the petition of Prahlad Singh. Along with this, the court has rejected the election petition of Prahlad Singh filed to challenge the validity of the election of MLC Yogesh Chaudhary.
