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Neutral Citation No. - 2025:AHC:13792 Court No. - 7 Case :- WRIT - A No. - 1122 of 2025 Petitioner :- Rajesh Kumar Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Yadav,Atul Kumar Srivastava,Ram Chandra Srivastava Counsel for Respondent :- Ashish Kumar (Nagvanshi),C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred present writ petition challenging the
order dated 19.11.2024 passed by respondent no.3-District Basic Education Officer, Deoria by which appointment of the petitioner was cancelled.
2. A preliminary objection has been raised by learned Standing Counsel for the respondent-State as well as learned counsel for the respondent nos.2 to 6 that against the aforesaid order statutory alternative remedy is available to the petitioner to file an appeal under Rule 5 of the U.P. Basic Educational Staff Rules, 1973.
3. This fact is also admitted by counsel for the petitioner.
4. In this view of the matter, present writ petition is dismissed on the ground of availability of statutory alternative remedy available to the petitioner under Rule 5 of the U.P. Basic Educational Staff Rules, 1973.
5. In case an appeal is filed by the petitioner within a period of three weeks from today, the authority concerned will not dismiss the same on the ground of laches and decide the same on merit strictly in accordance with law.
Order Date :- 27.1.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad