Once Notified, Only Selection Board Can Fill Vacancies: Allahabad High Court Blocks Principal Appointments by Transfer

The Allahabad High Court in a latest judgement , invalidated the transfer-based appointments of two school principals, ruling that such posts could only be filled by the selection board once the recruitment process had been initiated. The court emphasized that the requisition process for filling vacancies, initiated under the 1998 Rules, remains valid under the new 2023 Rules, owing to a saving clause in the Uttar Pradesh Education Service Selection Commission Act, 2023.

The petitioners, Rajiv Kumar and Hari Sharan, challenged the transfer orders dated June 28, 2024, which appointed other individuals as principals in their respective institutions. Both schools had vacant principal positions since 2019, and the requisite notifications for filling these positions had been sent to the Uttar Pradesh Secondary Education Service Selection Board. Despite this, the appointments were made through transfer, bypassing the recruitment process.

The petitioners argued that once the vacancy had been notified to the board, the post could not be filled by any means other than the prescribed recruitment process, as per the 1998 Rules, now saved under the 2023 Act.

The key legal question was whether the vacant principal positions could be filled by transfer after the vacancies had been notified to the selection board, especially after the enactment of the Uttar Pradesh Education Service Selection Commission Act, 2023. The court also examined whether the actions taken under the 1998 Rules were preserved under the 2023 Act.

Justice Rohit Ranjan Agarwal reaffirmed that once the vacancies were notified to the Board as per Rule 11(4) of the 1998 Rules, the management could no longer fill the posts by transfer. The court highlighted that Section 31(2) of the 2023 Act specifically saved all actions taken under the previous legislation, thus preserving the requisition process initiated in 2019.

"Once the requisition was made, the post could not have been filled by transfer. Selection and appointment to the post of Principal could only be made by the Board or the Commission under the relevant provisions of the Act."

The court ruled that the transfer appointments made on June 28, 2024, were in violation of the 1998 Rules and the 2023 Act.

It underscored that the requisition process was saved under Section 31(2) of the 2023 Act, ensuring that the vacancy could only be filled through the prescribed recruitment process.

The transfer orders were set aside, and the selection process initiated in 2019 was upheld as valid.

The Allahabad High Court’s decision reinforces the importance of adhering to the statutory process for filling vacancies in educational institutions. The ruling ensures that vacancies, once notified, cannot be bypassed through alternative methods like transfers, thereby maintaining transparency and fairness in the recruitment process.

Date of Decision: October 1, 2024

Rajiv Kumar v. State of U.P. & Ors.