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2025 DAILYLAW 136631 (ALL)

RAM KUMAR SHUKLA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF SECONDARY EDU. LKO. AND 5 OTHERS

WRIA/4586/2025 · 2025-04-30

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24829 Court No. - 3 Case :- WRIT - A No. - 4586 of 2025 Petitioner :- Ram Kumar Shukla Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Secondary Edu. Lko. And 5 Others Counsel for Petitioner :- Arun Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Arun Kumar Shukla, learned counsel for the petitioner and Sri Vijay Kumar learned Standing Counsel for opposite parties Nos. 1 & 2. 2. In view of the proposed order, the notices to opposite parties Nos. 3 to 7 are hereby dispensed with. 3. At the very outset, Sri Vijay Kumar has stated that the educational institution in question i.e. Police Modern School is affiliated to Central Board of Secondary Education, New Delhi which should be impleaded as necessary party. 4. On that, learned counsel for the petitioner has requested that he may be permitted to implead Central Board of Secondary Education, Headquarter, New Delhi through its Secretary in the array of opposite parties as opposite party No.7 and copy may be provided to Sri Vijay Kumar. 5. The aforesaid request is accepted. 6. Let the Central Board of Secondary Education, Headquarter, New Delhi through Secretary be impleaded as opposite party No.7 in the array of opposite parties during the course of the day and copy may be given to Sri Vijay Kumar. 7. By means of this writ petition, the petitioner has assailed the impugned order dated 31.03.2025 passed by officiating Principal of Police Modern School denying the renewal of contractual appointment of the petitioner for the Educational Session 2025-26 on the basis of report of the Committee of Management which considered the marks and the work and conduct during interview held on 24.03.2025. 8. Sri Shukla has stated that the petitioner has still not attained the age of superannuation and this fact has been formally indicated in the impugned order. 9. On being asked from Sri Shukla as to what is the right of the petitioner for seeking renewal of his contractual appointment, Sri Shukla has stated that since the fact has wrongly been indicated in the impugned order to the effect that the petitioner could not attain the satisfactory marks and his work and conduct was not proper. 10. Be that as it may, the factual dispute so indicated in the impugned order may not be adjudicated in the writ jurisdiction under Article 226 of the Constitution of India. The claim of renewal of contractual appointment may also not be adjudicated under Article 226 of the Constitution of India. Therefore, without entering into the merit of the issue and without interfering in the impugned order dated 31.03.2025, the liberty is given to the petitioner to approach the opposite party No.3 i.e. Secretary-cum-Manager, Police Modern School, Committee of Management, Gomti Nagar, Lucknow preferring his fresh representation taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which are necessary for disposal of the representation within a period of fifteen days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly in accordance with law, by speaking and reasoned order after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of six weeks from the date of receipt of a certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. 11. This writ petition is disposed of finally, in view of the aforesaid terms. . [Rajesh Singh Chauhan,J.] Order Date :- 30.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench