The case, Writ – A No. 5029 of 2024, involved Dr. Preeti Chand Negi, an Assistant Professor of Botany at Rajkiya Mahavidyalaya, Mahona, Lucknow, who also serves as an Associate NCC Officer for the 20 U.P. NCC Girls Battalion. The petitioner challenged a transfer order dated June 25, 2024, issued by the Department of Higher Education, Uttar Pradesh, which transferred her from Lucknow to Prayagraj along with 87 other lecturers. The transfer was contested on the grounds that it violated established procedures requiring prior approval from the NCC Commandant before transferring NCC officers, a condition that was not met in this instance.
Important Legal Issues Involved:
1. Violation of Transfer Guidelines: The petitioner argued that her transfer was made without obtaining the necessary approval from the NCC Commandant, as mandated by a government order dated March 6, 1987, which adopted the guidelines issued by the Director General NCC, Ministry of Defence, on January 3, 1986. This policy requires prior consultation with the NCC Directorate before posting part-time NCC officers.
2. Impact on Public Interest: The petitioner further claimed that her transfer would adversely affect the training of NCC cadets under her supervision, which was supported by letters from her Commanding Officer, Colonel of the 20 U.P. Girls Battalion NCC, Lucknow.
3. Judicial Review of Transfer Orders: The case also raised the broader issue of when courts should intervene in administrative transfer orders, particularly those that might be against public policy or made in violation of statutory guidelines.
Court’s Decision and Key Observations:
The judgment was delivered by Justice Rajesh Singh Chauhan of the Allahabad High Court on August 7, 2024. The court quashed the transfer order dated June 25, 2024, and the subsequent relieving order dated June 27, 2024, that related to the petitioner.
Key observations made by the court include:
– Violation of Mandatory Guidelines: The court noted that the transfer was made in clear violation of the March 6, 1987 government order, which required prior approval from the NCC Commandant. The court emphasized that such guidelines must be followed “in letter and spirit,” and failure to do so renders the transfer order unsustainable.
– Impact on NCC Cadets: The court took into account the letters from the petitioner’s Commanding Officer, which highlighted the negative impact of the petitioner’s transfer on the ongoing training of NCC cadets. The court considered this a significant factor in determining that the transfer was not in the public interest.
– Judicial Intervention in Transfer Orders: While the court acknowledged that it generally refrains from interfering in administrative decisions regarding transfers, it clarified that such orders could be quashed if they violate public policy or statutory guidelines. The court observed, “Normally, the transfer order is not interfered by the Constitutional Court but if any transfer order has been passed in violation of the policy which has been directed to be followed in its letter and spirit then the same may be interfered with being against the public policy.”
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The court concluded by directing the respondents to allow Dr. Preeti Chand Negi to continue her duties at Rajkiya Mahavidyalaya, Mahona, Lucknow, and ensure that she is paid her salary and allowances as and when they become due.
Counsel Representation:
– For the Petitioner: The petitioner was represented by Senior Advocate Sri H.G.S. Parihar, assisted by Advocates Anuj Kudesia, Vikas Kumar Agrawal, and Waseeq Uddin Ahmed.
– For the Respondent: The State of Uttar Pradesh was represented by Standing Counsel Sri Ashwani Kumar Singh.
