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2025 DAILYLAW 145292 (ALL)

C/M SMT.DHANPATI DEVI JAISWAL INTER COLLEGE VAIDAHA THRU.MANAGER ANSHIT KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. SECONDARY EDUCATION GOVT. OF U.P. LKO. AND 3 OTHERS

WRIC/5771/2025 · 2025-06-06

Jaspreet Singh

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34798 Court No. - 4 Case :- WRIT - C No. - 5771 of 2025 Petitioner :- C/M Smt.Dhanpati Devi Jaiswal Inter College Vaidaha Thru.Manager Anshit Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 to 4 has been accepted by the office of the Chief Standing Counsel. By means of the instant petition, the petitioner assails the notice dated 21.05.2025, whereby the petitioner has been called upon to respond to certain deficiencies found in his Institution. The submission of the learned counsel for the petitioner is that in terms of Section 16-D of the Intermediate Act, it is the Director alone, he has the powers to issue a notice whereas in the instant case, the notice has been issued by the Joint Director. It is urged that the said notice is without jurisdiction. Having considered the aforesaid and noticing the fact that merely a notice has been issued to the petitioner which was required to be responded by the petitioner upto 30.05.2025. It is urged that the said date has been postponed to 09.06.2025 which is not disputed by the learned counsel for the petitioner. Since, the matter is seized with the respondent No.3, accordingly, at this stage, this Court is unable to entertain the petition, however, it will be open for the petitioner to respond to the said notice and raised all his objections which are available to him in law, needless to say, that in case such objections are moved before the concerned authorities, the authorities concerned shall consider and decide the same in accordance with law. It is made clear that the Court has not examined the plea of either of the parties on merits and the authorities concerned shall consider and decide the objections of the petitioner strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 6.6.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench