DR. RAM DEEN MAURYA versus STATE OF U.P. & ORS.
Non-compliance with the requirement to route application through management under Rule 6 of Uttar Pradesh Aided College Transfer of Teachers Rules, 2005, is directory—not mandatory; substantial compliance suffices and does not invalidate the transfer application.
- Parties
- Appellant: Dr. Ram Deen Maurya; Respondent: State of U.P. & Ors.; Respondent No. 5: Dr. Madhu Tandon
- Jurisdiction
- India
- Judgment Date
- 17 April 2009
- Procedural Posture
- Civil Appeal / Judgment After Appeal From High Court
- Outcome
- Appeals dismissed; contempt petition disposed of.
- Legal Topics
- Transfer of Teachers, Interpretation of Statutory Rules, Compliance With Procedural Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
Dr. Ram Deen Maurya
Appellant
State of U.P. & Ors.
Respondent
Dr. Madhu Tandon
Respondent No. 5
Procedural Posture
Civil Appeal / Judgment After Appeal From High Court
Legal Issues
- 1 Whether routing transfer application through management is mandatory under Uttar Pradesh Aided College Transfer of Teachers Rules, 2005, Rule 6
- 2 Whether non-compliance invalidates application for transfer
- 3 Whether High Court's finding on NOC issuance is perverse
Ratio Decidendi
Non-compliance with the requirement to route application through management under Rule 6 of Uttar Pradesh Aided College Transfer of Teachers Rules, 2005, is directory—not mandatory; substantial compliance suffices and does not invalidate the transfer application.
Court Disposition
Appeals dismissed; contempt petition disposed of.
Orders
- Appeals against High Court order dismissed.
- Contempt petition disposed of; no further orders.
Full Case Text
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