The Lucknow bench of Allahabad High Court on Friday approved an important decision on the inter-district transfer policy of teachers of junior basic schools. The court said that there is no illegality in this policy. If both husband and wife are in government service, their posting at the same place can be considered, but this is not an inevitable right. The court further said that posting of husband and wife at one place is possible only if it does not cause any harm to administrative needs. In the order, the court, while disposing of all the petitions challenging the transfer list released on June 26, said that under judicial review, the High Court cannot direct the executive or the Basic Education Council to make any specific policy. A single bench of Justice Om Prakash Shukla gave this decision while hearing 36 petitions filed by Pooja Kumari Singh and other assistant teachers. In these, the transfer list of June 26 and various orders related to the transfer policy of the government were challenged. These orders regarding transfer policy were given on June 2, 8 and 16. The court said that the cases of the petitioner teachers seeking transfer on the grounds of serious illness are sent back to the council for taking appropriate decision.
Allahabad High Court gives permission to Yashoda Maiya to meet her daughter
Allahabad High Court allowed an 8-year-old girl, who was living in a children’s home in Agra for 15 months, to meet her Yashoda mother. This mother gave life to the newborn girl by raising her for seven years. One and a half years ago, mother and daughter had to be separated because of people claiming rights over the girl. The court asked for the DNA report from the government, but it was not filed on Friday. Expressing displeasure on this, the court ordered to submit the report from the Forensic Science Laboratory soon. A woman from Agra has filed a petition before the bench of Justice Soumitra Dayal Singh and Justice Shiv Shankar Prasad for the handover of her honorary daughter. About eight and a half years ago, on a cold night, Kinnar had handed over this newborn baby girl to a woman living in Tedhi Bagiya area. Someone had left the girl in the open. This woman Yashoda became mother to the newborn. Despite having four children of her own, Yashoda did not hesitate at all in adopting this girl. Without thinking of legal complications, she got the girl treated immediately and started raising her. Masoom remained an integral part of his family for seven years. Also got admission in school. But meanwhile the eunuch’s intentions got spoiled and he took the girl away.
With the help of police and Child Line, the girl was freed from Farrukhabad. At Child Welfare Committee Farrukhabad, the girl recognized Yashoda as her mother and expressed her desire to go with her. The child was handed over to Yashoda, but after eight months the Child Welfare Committee, Agra, citing weak financial condition, again sent the child to a children’s home. The committee had argued that Yashoda’s income was not enough to support the girl. Troubled by this decision, Yashoda appealed to the police and administrative officials, but the child was not handed over to her. Child rights activist Naresh Paras raised this matter before the State Children Commission. Commission member Dr. Suchita Chaturvedi ordered the child to be handed over to Yashoda for care, but it was not accepted.
If protest is not agreed then go to High Court
The foster mother even staged a protest at the district headquarters to get the child back, but no one was interested. Even meeting his daughter was banned. Hurt Yashoda approached the High Court. Her advocate Vipin Chandra Pal argued that the girl had expressed her desire to go with Yashoda every time, calling her mother. Yashoda is his mother as per Aadhaar card, birth and educational certificates. The girl has been living in their family for the last seven years. He has emotional attachment with everyone. Therefore, Yashoda is the real mother for the child and her family is the best protector. Expressing displeasure with the Agra administration, the High Court has said that the Child Welfare Committee did not take the decision in the interest of the child. As soon as the report was sought from the administration, a new twist came when Nitin Garg of Agra claimed in the High Court that he was the biological father of the girl. He said that in the year 2015, a newborn girl was kidnapped from her home, for which an FIR was lodged in Etmadpur police station. The court allowed Nitin Gupta to be added as a defendant and ordered a DNA test.
Court heard three times a day
Seeing the poignant story of the girl, the court also showed a humanitarian approach. At 10.10 am on Friday, the court asked the government lawyer about the DNA report. This report was to come on Friday only. On receiving information about his not coming, the court gave time to the government lawyer to find out the reason. At 10.30, the government lawyer talked to the administrative officials and told the court that information was being sought from the Forensic Science Laboratory. The court heard the case again at 12.15. It was told that the test has not been done yet in the lab. Angered by this, the court has ordered the laboratory officials to investigate and send the report soon. The next hearing will be on 29 January 2024. Giving great relief to mother Yashoda, the High Court allowed her to meet the girl in the presence of the District Probation Officer.